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David Crayford and the ITC Last Updated: Mar 15, 2021 - 10:28:00 PM


WB discusses the Private Party Loan Agreement per Clyde Hood
By Candace and WhistleBlower
Nov 22, 2009 - 8:32:00 PM

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Dear Readers, people get conned all the time into supporting projects that are less than moral or legal.  In response to my requests for papers on anything people "invested" in with NESARA I received several replies. Below is the Private Party Loan Agreement, that Clyde Hood used.

 

I sent this to Whistleblower, who is also a lawyer, remember?  He replied back to me, from that perspective. I am posting copy here, and placing in MY section, simply because I want this separate from his regular work, as this is general, and might serve as a lesson to all, when you are approached to invest in anything. Even churches will collect special monies for various projects, some legit and worth your donations, and some NOT. Always verify, please.  Study his comments in red, and perhaps learn something of value that might save you some of your hard earned "dough."  Transaction numbers are necessary to trace investments, and so far I have NONE from any of you, only receipts and some letters which have material that is NOT traceable.

 

OK, my letter and comments to Whistleblower are in black. His are in red. The Private Party Loan Agreement is in black italic bold that I typed up for him.

 

Private Party Loan Agreement per Clyde Hood

 

Dear Whistleblower,

 

There are no transaction numbers on anything I was sent. That is number 1 problem.  I have typewritten this for you, from the Private Party Loan Agreement Clyde Hood used.  There is number 2 problem. People made "loans" to Clyde. These "loans" which were not called investments That is number 3 problem. or similar terms, were for per this paper, and which I have typed out for you "operational purposes for the project in the interest of the overseas Trust & Foundation firm. These were obviously not investments as claimed, but loans as stated. This basically, and before I even continue my reading, is a Private Loan Agreement between two or more Parties, and should not even be considered as an investment. There is a very big difference in law between the two named descriptions. The Private Loan is a civil matter but could be a criminal matter if there was criminal intent to deceive and procure money from a person on false pretences. The Investment, is a contractual arrangement between a person or persons, with an Investment Company that is legally registered, authorized, and regulated by the applicable Government Investment Authority. 

It is understood that these funds will be transferred to the overseas Trust and Foundation firm's project, whereby the loan plus profit will be repaid to the lender in the amount of not less than fifty (50) times the amount loaned. Expected time of repayment is calculated to be on or around two hundred and seventy-five (275) days from the date of lending. Both parties understand that financial matters involve risk and no warranties or guarantees are expressed for an exact date of 275 days. It should be understood, negotiable agreement is for a reasonable frame of time thereof. Once money is transferred to an entity outside the jurisdiction of the Government Authority of the country in which it was actually lent to someone, that money comes under the jurisdiction of the Government authority within the receiving country. This particular clause is very vague legally. The Term “No warranties or Guarantees are expressed” is one of the giveaways here. In other words this is “High Risk and your money is not guaranteed to be returned either in capital or Interest, or both”. The term “It should be understood, negotiable agreement is for a reasonable frame of time thereof”. The word “Reasonable, is the key word here. In other words if we have not repaid you your Loan and Interest within the 275 days or a reasonable period thereafter, then it isn’t going to be repaid …… Sorry” Legally, any period extending past a period of 365 days following the date as specified within the agreement, would be totally unreasonable in law.

Whenever funds are disbursed, funds will be in the form as designated by the lender.  Lender will assume responsibility for any and all fees, and/or taxes on these funds.

It is understood by lender that he/she has no access or privy to specific details of operations and no hand in management of proposed operations.
Wow, this clause surely violates people’s rights, but even that depends on how this is agreement is interpreted. As it is a Loan Agreement it would be up to the Lender to ensure, within the contract terms, the loan is secured againt something of value held in title by the overseas Trust and Foundation. That would mean naming the overseas Trust and Foundation which they haven’t do, which is another salient point.

This is a non-recourse agreement
Problem number 4. This means that if everything goes “belly up” the lender has no recourse whatsoever against the initiators / perpetrators of this project / scam.  between private parties. There is problem number 5. They admit it is an agreement between Private Parties and therefore a simple agreement under Civil Law.  Receipt and/or signing of this document by the recipient constitutes acceptance of the terms of this agreement. The first Private Party Loan Agreement submitted by each individual or entity is subject to acceptance by the Agent or the overseas Trust and Foundation firm, without recourse. Problem number 6. A “Cover Up clause which is basically stating that it is the decision of the Agent or the Trust and Foundation Firm’s decision as to whether they accept your signed agreement and funds or not. We all know they will accept your signed agreement because they will receive your money with no responsibility on them at all. Another point here is the wording “Trust and Foundation Firm”. Legally a Trust and / or Foundation is not a firm. In law a “Firm is a “Body Corporate” subject to normal commercial laws and Taxes applicable within its domicile. A Trust and / or Foundation (It can not be both) is an entity structured for acceptable tax avoidance based upon its objectives as defined within its own Trust and / or Foundation Articles. It is a Legal Body that is controlled by Trustees / Foundation Members – Governors
The overseas Trust & Foundation firm, cannot cancel this loan agreement, once accepted, only the lender has the right to withdraw from this agreement after 275 days. A full refund will be made upon receipt of a written request at the Wauconda. IL address below. Legally, that statement is ineffective and void. All Official Notices, which a cancellation or withdrawal notice would be, must be delivered to the Head Office of the Trust / Foundation. Notices delivered to any other address shall be deemed legally as non-delivered.

Receiver state that he/she does have promise of financial assets in an amount sufficient to sustain obligatory indebtedness.
The word “promise” is exactly what it says …. A promise. It is not a guarantee or a legally confirmed pledge, or a legal undertaking by anyone …… it is just a PROMISE, which would not stand up in a Court of Law.

An acknowledgment will be mailed to you upon receipt of your loan at our offices. Unauthorized changes to this document will void the entire agreement.
Again, the word “Acknowledgement” is used to deceive. This should read “An Official and Legally Binding Receipt of Funds will be issued by the Trust / Foundation duly executed by an authorized Trustee or Manager.

Make your Money Order or Cashier's Check payable to "CLYDE D. HOOD"  and ship to:  Bill A. Wilson, 6260 E. Riverside Blve, #355 Rockford IL 61111.  Money Order’s and Cashiers Check ????????????? Payable to Clyde D. Hood. That should have been a big RED LIGHT to anyone. Payments should have been made by Bank Transfer to the account of the Trust / Foundation, as they were the actual recipients of these Loan Funds.

Then the form has place for the "lenders" name, signature, address and phone at the bottom.

I have a phone number provided by XXXXXX for Clyde Hood. I truly do not know if he is out of jail or not.  It was posted by Casper I think, some time ago to 4Winds, that he was out or getting out, but research on the net, says he isn't supposed to be out until 2012.  The number is  217-235-2084.  It is not currently in service. I tried it, and a reverse search shows it belonged to Innovative Staff Solutions of Mattoon IL, which is Clyde's home town, but not his original address that he has on the papers. I personally would like to contact this man just because I like to snoop. If you contact him he would probably not even tell you the truth about it.

The wiki piece on Omega states he gets out of jail in November, 2012. http://en.wikipedia.org/wiki/Omega_Trust 

XXXXXX does not remember for sure when this person joined Omega.   The first letter from  Clyde Hood sent me doesn't have a date, Problem number 7. But I assume it is before the others due to it's nature. Her other letters from him start in 1997. Wiki says Omega stopped accepting new applications in 1995, The only number is her account ID number.

 

 This is the first portion of that letter, which has "HALLELUJAH!!"  on top is this:
Dear Lender:  WE are finally finished with the "Transaction phase."  This letter is your official notification that the Debit Cards or Cashier's Checks are being prepared now and will be sent to you as quickly as the bank can process them.    

 
I will not disclose how it is to be sent to you nor by whom it is being sent.  This card or Check will be valued at fifty(50) times your approved loans plus the return of the approved amount you have loaned. Our existing records indicate you have loaned $300.00 to OMEGA TRUST & TRADING, lTD.
 
This sort of statement is typical of a Fraud. It has been used so many times in the past, that I am surprised someone hasn’t prepared a different statement by now. Lawyers and Bankers would bin this immediately if they saw it.

When you receive your debit card, it will contain instructions on how to activate the card. When you make the call, the operator will ask you certain questions that you must answer before the card can be activated. At the time of the call, you should ask the operator the amount placed into your account.
 Unbelieveable. 


Then the rest of that tells what to do if there is a discrepancy and the like, and how this must not be shared amongst other "lenders."  Problem number 8. Exemption for your rights in law  Now, if Omega closed in 1995, as wiki states, then XXXXX must have joined before then. The rest of the papers sent, is letters starting in 1997 about failure problems. These included an option  signed of stay with it or get a refund. This person chose the stay with it option, and this is the wording: "I XXXXXXX" am satisfied with OMEGA and definitely DO NOT want a refund. Problem number 9. definitely do not want a refund. That statement alone exonerates Clyde Hood and all others from any liability to refund the money at any time.  By executing this document in it's entirety, including the witnessed section, you have vote of confidence and you should continue the fight with the authorities through completion as quickly as possible."  

 

Candace: I am researching some other organizations I was sent some information on that solicited funds, but I have no papers, just name Some of these are interesting indeed. I will report more when I am finished.




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