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July 2014 
Title Notes E-Blast

Welcome to the July edition of the VTC e-news.  We enjoy hearing your feedback regarding the value of the content included within, as well as suggestions for future editions.

On behalf of the entire Virginia Title Center Team,

Patti Dickerson, Director of Marketing & Communications

Time is Running Out to Register!


FREE Webinar:

Loan Modifications and Your Title Policy
Tuesday, July 22 at 10 a.m.
Presented by Frank L. Tortora III, Senior Title Officer, Investors Title Insurance Company

Webinar Summary: Loan modifications are an essential and valuable tool to assist both lenders and borrowers as they adjust to the numerous changes that could occur over time. Whether an additional influx of capital, or an extension of the repayment terms, a properly executed loan modification works as a way for the lender to retain priority while adjusting to the economic demands of the borrower.


In this webinar we will review the lenders policy and focus on how a modification may negatively impact the lender's priority and loan policy. Additionally, we will look at various endorsements which are available to alleviate this risk. Frank will allow time at the end of the presentation for Q&A.


About the Presenter: Frank Tortora joined the Corporate Legal and Underwriting Services Department of Investors Title in 2013.Prior to joining Investors Title, he was an associate at a firm in Raleigh, North Carolina where he practiced corporate, estate, residential, and commercial real estate law for six years.


Mr. Tortora holds a Bachelor of Arts degree from the University of North Carolina at Chapel Hill and a Juris Doctor, cum laude from the Columbus School of Law at Catholic University of America in Washington, D.C.


Don't delay, register today!  Please share this information with your team!  


Register Here for this FREE Webinar  


This webinar is brought to you by the Virginia Title Center Team.

Why Some Banks Are Measuring Mortgages Wrong 
by Garth Graham, for American Banker

Late last year, I wrote a column about why I believe that regional and community banks have the potential to be big players in the mortgage market in the coming years. I argued that a bank should be able to cross-sell new mortgages to 1-2% of its existing banking households. A bank with 100,000 households should be able to generate $3 million to $6 million annually in mortgage pretax net income, driven by origination profits.


The column received lot of feedback from bankers. The most striking information, from my perspective, is not how various banks are performing in the mortgage arena but that banks themselves often do not know how they are performing.


Many banks seem to approach and account for mortgages as they would any deposit or consumer loan product. Just as they would with loans, banks separate the ongoing income produced by the product (the loan yield and fee income) from the expenses associated with its origination.


This may make sense from a traditional banking perspective, in which all originated loans and new deposits become part of the bank's balance sheet. But it creates some real challenges in measuring the comprehensive performance of mortgage activity, in which some mortgages become portfolio assets but others are originated and sold.


There are several reasons why mortgages should be treated differently from deposit products as well as loans...


... Because of these complexities, most banks don't measure the results from their mortgage origination operations correctly. They tend to view mortgage origination as a low-risk, low-return business that invests in mortgage loans rather than as a higher-risk, high-return fee business that creates loan and servicing assets for investors both internal (the bank itself) and external (such as Fannie Mae and Freddie Mac).


Setting up the proper accounting for mortgage activity, in which origination net revenue is measured separately from the bank's decision about whether to invest in the originated loan, is a key ingredient on the road to generating additional mortgage-related income for the bank.


Click here to read the entire article.


Garth Graham is a partner with Stratmor Group, and has over 25 years of mortgage experience.

Ten Critical Risk Management Services Your Credit Migration Model Should Provide
by Dennis Child, Thompson Consulting and Training (TCT)

The past eight years have been traumatic for most financial institutions. We in the lending business witnessed how dramatically loan portfolios can change over relatively short time frames and how detrimental those changes can be.

Federal and state regulators have made it clear they are going to focus more of their resources on making sure financial institutions are doing a better job of managing the risk in their investments and loan portfolios than in the past. A credit migration tool designed around stochastic methodology is an essential part of managing credit risk in consumer loan portfolios. Stochastic methodology magnifies the directionality of credit migration and expands its value with statistical analysis that identifies variables which predict the risk factors of loans. A variety of vendors have developed and offer these models in the marketplace.

Based on data gathered over the past twenty five years, TCT has come to the following ten conclusions regarding consumer loans:

  • A borrower's financial situation can change quickly-impacting his ability to pay existing debt or take on new debt.
  • Loan portfolio book-values are dynamic and continually changing as a result of borrowers' finances and shifting credit scores.
  • Constantly monitoring credit scores (by individual borrower and by pools) is the most efficacious method to forecast impending delinquencies and charge-offs.
  • A financial institution's profitability and future existence is critically impacted by its shifting loan yields and loan delinquency and charge-off expenses.
  • 80 percent to 90 percent of total delinquencies and charge-offs are attributable to loans that have experienced a drop of two or more credit grades from the original score.
  • Less than 10 percent of total delinquencies and charge-offs are attributable to loans that have experienced unchanged credit scores.
  • The sooner a financial institution takes action when a borrower shows initial signs of financial distress, the better the chance of mitigating a loan loss.  Keep reading... 

Dennis Child is the Managing Director of TCT and a 40 year veteran credit union CEO recently retired. He has been associated with TCT for 25 years.

Virginia Establishes Savings Plan for
First-Time Home Buyers

by Dion Haynes, The Washington Post


Being unable to come up with a hefty down payment is often a major hurdle for first-time home buyers, particularly young people who are grappling with massive student loan debt.


The issue has become a critical concern for members of the real estate community, who have noticed a steady decline in the number of first-time and young home buyers in the market.


To address the issue, Virginia is establishing a program to make it easier for families to set aside the funds over time to cover the down payment and closing costs for first-time home purchases. The First-time Homebuyer Savings Plans program, [which went into effect July 1], allows future owners to earmark up to $50,000 in cash, investments or insurance policies - exempt from state taxes - to buy their first home.


The program, somewhat similar in concept to college-saving plans, also allows parents and grandparents to designate savings or investments for a child's future purchase of a home. Money or investments in the plan can grow to no more than $150,000, sponsors of the program say.


Click here to read the entire article.


For more information on the legislation, click here.

Report on 2014 Legislation Affecting Banking
Report prepared by Melvin E. Tull, III,
General Counsel, Virginia Bankers Association

This report summarizes legislation of interest to the banking industry passed during the 2014 Session of the Virginia General Assembly and signed into law by the Governor. All legislation will become effective July 1, 2014, unless otherwise noted. The report is divided into five sections by subject matter:


A. Banking and Finance

B. Real Estate

C. Wills, Trusts, and Estates

D. Civil Procedure and Remedies

E. Miscellaneous


Many of these summaries are based on summaries prepared by the Division of Legislative Services of the General Assembly. The work of the Division is gratefully acknowledged.


Access the full summary with details of each piece of legislation.

Millennials May Be About to Move Out

by Dina Elboghdady and Emily Badger, The Washington Post


While the recession pushed young adults to move in with their parents, a study released Thursday suggests that the millennial generation is poised to move out in droves, lift the number of new households formed and maybe even transform the housing market.


Harvard University's Joint Center for Housing Studies projects that the millennials - the largest and most diverse generation in history - will make up 24 million new households between 2015 and 2025, substantially boosting demand for rentals and starter homes.


The leading edge of this closely watched generation will soon reach their 30s, the age range in which household formation ramps up, said Chris Herbert, the center's research director. As a result, the number of households in that age group will rise by 2.7 million in the next decade, according to the study, which defines millennials as those born 1985 to 2004.


"Demographics is destiny," Herbert said. "As millennials gain more of a financial foothold and make their presence felt, they're going to drive a whole chain of increased demand in the housing market."


The sheer number of young adults in this generation (nearly 86 million) is what makes them an especially influential force in the housing sector. Continue reading... 

4 Trends in Real Estate Right Now

From Realtor Magazine, National Association of Realtors


The 48th annual conference for the National Association of Real Estate Editors, held recently in Houston, provided a snapshot of emerging trends in the real estate market. 

  1. With obesity an ever-growing problem in the United States, access to fitness facilities and outdoor recreation is taking on increasing importance. According to Will Holder of Trendmaker Homes, buyers now favor communities that have trails winding through them over golf-course developments. 
  2. In the multifamily niche, more and more projects are accommodating occupants' desire for parks, grooming, and sitting services for their pets. 
  3. There's a growing tendency for young people discouraged by tight underwriting standards to stick with renting instead of buying.
  4. Current home owners are increasingly keeping and renting out properties with ultra-low mortgage rates rather than put them up for sale when they are ready to buy another house.
In Home Loans, Subprime Fades as a Dirty Word
by Shaila Dewan, The New York Times

CALABASAS, Calif. - Martin and Cindy Arroyo knew they were not ideal candidates for a home loan.


She had gone through a foreclosure after losing her job, and he was finishing his M.B.A. and had not yet found his current position. But they had managed to put together a down payment of more than $550,000, or three-quarters of the asking price for a four-bedroom house in Los Gatos, and thought they would find a bank willing to lend the rest. They didn't.


So the Arroyo's found an alternative: a subprime mortgage.


Despite the notoriety that subprime loans gained as a prime cause of the financial crisis, they are re-emerging, under much more careful control, as one answer to the tight lending standards that have shut out millions of would-be homeowners. Continue reading... 

Why You Should ALWAYS Recommend an
Owner's Title Policy to Your Clients

No Way to Get There


Thomas and Lisa White purchased property for $125,000, for which they bought an owner's policy in the same amount. The policy insured the land and an access easement to the land. The White's neighbor sued to block their easement and the Whites filed a claim with Investors Title under their owner's policy.


After receiving the claim, Investors Title hired an attorney who successfully defended the lawsuit on behalf of the Whites. Investors Title paid $30,154.00 in fees and costs to defend and establish clear legal access for the Whites. 


VTC is frequently asked by our customers why they need owner's title insurance coverage. This is just one summary of the benefits of this nominal investment.


For more information on how obtaining an Owner's Policy can prevent potential nightmares, contact Bobby Fothergill at 1-800-468-5811. Additional benefits of Title Insurance are available here

.. About the Automatic Release Provision for Federal Tax Liens?

By Rich Erdosy - Agency Ops Coordinator,

Investors Title Insurance Company


Q: A call comes in from Fred, a loan officer who has a transaction that is being insured by another title company. Fred is in a bind because the other title company is having a problem with an unreleased federal tax lien from 12 years ago. The borrower has no proof that the lien has been paid. The loan is closing in a few days, and the title company states that it cannot remove the lien from the commitment until a release is filed. Fred wants to know if there is anything the Investors Title agent can do to solve this problem. He will switch the deal to the agent, if a solution is found.


A: The agent confirms that the lien has not been refiled. Upon confirmation, it is happy days for Fred. The other title company is unaware of the automatic release provision for federal tax liens, a provision which is applicable to our problematic lien. Federal tax liens contain this statement verbatim: "IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a)." The duration of a federal tax lien, unless refiled, is 10 years. This statement can be relied on by the underwriter. In this instance, it allows us to omit the federal tax lien.

From the Commercial Corner

Better Protection by Spreading the Risk


On any single policy, Investors Title Insurance Company (ITIC), coupled with its sister company, National Investors Title Insurance Company (NITIC), maintains a combined self-imposed risk retention limit of only 45 million, which is a conservative limit. This reinsurance policy reflects a commitment to policyholder protection by limiting exposure on any single transaction. With the combination of primary coverage from ITIC, secondary coverage from NITIC, and tertiary (3rd level) coverage from the reinsurance partner, a well-capitalized and national title insurance underwriter, the customers benefit from the protection of multiple companies, all for the cost of one premium. In addition, this reinsurance approach provides the insured direct access to all insurers in the event of a claim.


by Gina Webster, Manager, Settlement Services,

Investors Title Insurance Company


At times, the individual(s) executing the closing documents are third parties signing on behalf of the record owner. The third party may be a president or vice president signing on behalf of a corporation, a trustee signing on behalf of a trust, an attorney-in-fact signing on behalf of a principal, a personal representative signing on behalf of a deceased individual, etc.


It is the settlement agent's responsibility to obtain and review the appropriate documentation to ensure that the person signing the documents has the proper authority or powers to act on behalf of the record owner for the intended purpose.


Karen Koogler, CEO of The Koogler Group and author of numerous training manuals for title and settlement agents, refers to "the 3-Ps (Person, Purpose, and Powers)" as a guide to what information should be verified in the documentation to ensure that proper execution occurs.


Person: The documentation should name the person who is granted the authority to sign on behalf of the record owner.


Purpose: The documentation should cover the reason for the transaction, such as to sell, mortgage, or lease the subject property.


Powers: The documentation should grant the authority to support the purpose, such as to sell, mortgage or lease the subject property.


Below are a few generic examples of documentation which may be provided in order to verify "the 3-Ps:"

  • Corporation: a Corporate Resolution, Articles of Organization, and Corporate Bylaws
  • LLC: a Resolution, Articles of Organization, and Operating Agreement
  • Trust: Trust Agreement
  • Partnership: Partnership Agreement


The type of documentation required may vary in nature so it is important that you review the title commitment and comply with the appropriate underwriting and state guidelines.


TITLE TIP: Change in Underwriting Requirement for Insuring Mobile or Manufactured Homes
provided by Gail Duffy, Title Services Manager, Virginia Title Center 


Effective July 1, 2014, there has been a change to our underwriting requirement for insuring Mobile or Manufactured Homes and Issuing the ALTA 7-06 endorsement.  Previously, we supplied you with a Manufactured Housing Affidavit that the owner could complete and sign at closing.  The new requirement reads as follows:


If the Mobile or Manufactured Home is to be treated as "real property" the owner shall have recorded in the register's office an affidavit certifying that the manufactured home is to be treated as real property in compliance with VA �46.2-653.1


This is a two step process:

  1. Click HERE to access and print the  Affidavit for Manufactured Home Conversion to Real Property form on the DMV website. Customer has to complete and return to the DMV. The DMV will then issue a certificate back. 
  2. Upon receipt of the certificate, it must be recorded with the Manufactured Housing Affidavit in the Circuit Court Clerk's Office.  

For additional details or questions, please contact Gail Duffy at 1.800.468.5811 or by e-mail 

What Does the Supreme Court's Recess Appointments Decision Mean for the CFPB?

by Nathan Marinchick


Remember NLRB v. Noel Canning? It was a case that seemed to have everything - a Supreme Court showdown over the president's constitutional authorities that threatened to rock the new Consumer Financial Protection Bureau (CFPB) to its foundations. Certain events subsequently undercut the case's potential to impact the agency, but the Court's ruling in the case last week still has important implications, according to an attorney who spoke with Dodd Frank Update.


The case involves the National Labor Relations Board (NLRB) and Noel Canning, a soft-drink bottler that challenged recess appointments President Barack Obama made to the board in early 2012. While not mentioned in the case, the NLRB appointments were made at the same time and in the same manner as

Richard Cordray's appointment to lead the CFPB.


The U.S. Court of Appeals for the District of Columbia Circuit invalidated the disputed NLRB appointments in January 2013, and legal scholars suggested that the potential ramifications could be stunning if a court ultimately followed the logic of the Noel Canning decision and invalidated Cordray's recess appointment.


The Supreme Court later agreed to review Noel Canning, and the financial services industry hunkered down to wait for the Court's decision as a cloud of uncertainty enshrouded the CFPB and its actions under Cordray's leadership.


That all changed in July 2013 when the Senate officially confirmed Cordray to become the CFPB's director. Cordray later ratified all actions he took during his recess appointment. So, when the Supreme Court released an opinion in Noel Canning last week that invalidated the NLRB appointments, participants in CFPB-regulated industries weren't particularly fazed. However, the Republican leaders of the House Financial Services Committee, who had barred Cordray from testifying before the committee before he was confirmed by the Senate, were not prepared to let the moment pass.


"Clearly and unquestionably, President Obama exceeded his authority when he appointed Director Cordray, just as he exceeded his authority when he made these NLRB appointments," said Rep. Jeb Hensarling, the committee's chairman. "Today's unanimous judgment from the highest court in the land reaffirms and validates our committee's decision not to hear testimony from Director Cordray on the CFPB's semi-annual report until he was validly and legally serving in his position. Continue reading...

Lenders Could Be On Hot Seat If Borrowers Withdraw Application
Under TILA-RESPA, be wary of delivering loan after withdrawal
by Preston Rampy,

We all know that in life things change, and the lending industry is no exception. But for today's post, let's ask ourselves:


What happens when things change during the three-business-day window in which lenders are supposed to deliver the Loan Estimate?


The TILA-RESPA Integrated disclosure rule provides two primary scenarios that define what happens if things change during this window:


1. Lender determines the consumer does not qualify

  • Lender does not have to submit Loan Estimate

2. Consumer withdraws the application within the window

  • Lender does not have to deliver the Loan Estimate.
  • HOWEVER, if the lender eventually completes the deal under the original terms submitted by the lender then they have violated the Loan Estimate rule by not delivering the Loan Estimate during the original window.

So to reiterate, if the consumer withdrawals the application, you cannot deliver that requested loan to them in the future if they decide to move forward. If the lender does issue that loan, the lender will have violated the Loan Estimate requirements under Regulation Z.


This will cause major headaches for lenders because there will be a necessity to keep track of who has been sent Loan Disclosures, what the reason was given for the loan application being cancelled, and some way for a flag of sorts to go up when the same customer comes back later to re-initiate the process.


How would this affect your company as it does business today? Are you already tracking such specific details with your technology solutions?

It's What Your Loan Officers Say That Matters

by Ari Karen, National Mortgage News


The latest financial institution to get hit with a Consumer Financial Protection Bureau charge of unfair and deceptive practices was GE Capital, which was ordered this month to pay $225 million. In large part, the unfair and deceptive practices charges were based upon misrepresentations and omissions by telemarketers. In other words, because these representatives told consumers the wrong information and/or failed to provide material information, the company was determined to have engaged in unfair and deceptive actions.


This is not the first time the CFPB has relied upon omissions and misrepresentations of low level personnel to support a charge of unfair and deceptive practices. Indeed, there have been multiple consent decrees entered into with the CFPB finding unfair and deceptive actions arising from low-level communications with borrowers or consumers. Apparently, consistent with the CFPB's warnings, the agency will hold financial institutions accountable for everything that happens to a borrower or consumer when the institution knows or should know of possible harm that it can control. If misrepresentations and omissions are occurring en masse, it is the institution's job to know that and take corrective action.


For lenders, this poses a unique and challenging problem. After all, loan officers are paid in a manner that awards expedited lending and high volumes of sales. There is little opportunity for evaluation of the information explained to and exchanged with a borrower. Especially given the weakness, created by UDAP, in the Qualified Mortgage rule's safe harbor, a lender needs to carefully consider systems and procedures that will allow it to evaluate the accuracy and completeness of interactions and communications with borrowers. In the past, loan officers have in large part been on an island with the borrower, with little management involvement in regard to an originator's communications with clients. Increasingly, lenders

need to think about systems and/or protocols to ensure that such communications are handled properly. Otherwise, lenders will be subject to potentially huge risks for the information provided by employees whose financial compensation incentivized speed over accuracy.


I am not suggesting that lenders should necessarily change compensation practices - only that they should begin thinking about some level of checks and balances to ensure borrowers are properly advised of information material to their loans. 

ABA to Present Three Briefings and Webcasts in July

ABA will present three briefings and webcasts this month on compliance, risk management, marketing, mortgage banking and other key topics:

The Roanoke Valley SPCA works to create a community where there are no homeless cats or dogs through the power of adoption, prevention and intervention. We work to bring animals and people together, to education the community on the humane treatment of animals and the important of spaying and neutering. We also provide services that address financial hardships, medical problems and behavioral challenges to enable animals to stay in their homes or be  adopted.


The Roanoke Valley SPCA is a small non-profit organization. Our funding relies on the generosity of the community.  We do not receive funds from any local, state or federal government, nor are we affiliated with any national organization (ASPCA or HSUS).  All funds come from fundraising, grants, donations, special events and bequests.


In addition to donated funds, we always need in-kind donations of items found on our weekly Wish List Wednesday list on our Facebook page or through our Amazon wish list


Both Patty and Lola are grateful and think you are PAWSOME!


Click HERE to learn more about the RVSPCA, how to give, adopt or foster a pet.


A special note of thanks to VTC's own Laura Lesando for her regular personal donations
of goodies for the animals and humans of the RVSPCA.

10 Grammar Mistakes Even Smart People Make

by Christina Desmarais @salubriosdish


Not a grammar geek? Doesn't matter. Using words incorrectly can make you look bad. Here's some help.


How well you use words can make a lasting impression on people. Wield those words skillfully and people may perceive you in any number of positive lights--as intelligent, poised, persuasive, funny, to name a few. But even one little grammatical slip can have the opposite effect.


It's a topic that worries lots of people. Inc. columnist Jeff Haden recently pointed out 30 Incorrectly Used Words That Can Make You Look Bad [featured in our May 2014 Grammar Tips edition]. Here are 10 more to add to the list. 

  1. Irregardless and unthaw - These are not words. "Regardless" and "thaw" are sufficient and don't need any senseless prefixes mucking them up.  
  2. Bring and take - When using these words as commands think in terms of direction. People bring things toward you and take things away from you. Correct examples: "Please bring your report to my office;" and "Please take this report to the receptionist."  
  3. Alot and a lot - Fortunately spellcheck catches this one most of the time, but know this: If you're trying to say you have an abundance of something there should be a space in "a lot."  
  4. I, me, and myself - The question of how to refer to yourself along with other people is commonly misunderstood. Most people know to say the other person's name first when it happens at the beginning of the sentence; "Mark and I went to the meeting." But when this same phrase happens at the end of a sentence people get confused, often thinking the same usage of "I" is appropriate, which it isn't.

    Instead, it should be "The CEO met with Mark and me." The easy way to remember this one is to imagine removing the other person's name. It would sound weird to say "The CEO met with I," right?

    As for "myself," only use it if "me" or "I" would sound awkward in its place, such as "I kept the secret to myself." Saying "Mark and myself will attend the meeting" only makes a speaker look silly when a simple "I" would have sufficed.  

  5. Impact, affect, and effect
  6. Loose and lose
  7. Overuse of apostrophes
  8. Principle and principal
  9. Lay and lie
  10. Borrow and lend

Read on to continue honing your grammatical skills.  

10 Things Really Amazing Employees Do
by KevinDaum for

Here are ten traits that any great employer should recognize and reward instantly.


As a longtime employer of dozens, I was always grateful to have good employees. It takes a lot to recruit and maintain top talent. Every once in a while special employees come along that just really seem to get it. They drive the entire company forward in ways that were unimaginable. Advancement and reward is never an issue for these rock stars because they understand the power of cause and effect, and only a worthy company can retain them and afford them.


Here are 10 things amazing employees seem to do effortlessly. Here's how to help your great employees be even more amazing.


1. Enthusiastically Learn All Aspects of Business


They understand they're part of something bigger and more worthwhile than just their job. They look to learn other areas of the business and be fluent in finance and management so they'll positively impact multiple areas of the company.


What you can do: Invest in material and seminars on business basics like accounting, marketing, and management so all employees have easy access to learn and grow.


2. Steward the Company


They treat the company as if it were theirs. They look to make prudent decisions about expenses and opportunities with the long-term future of the company in mind. They easily assess risk vs. reward, selflessly when making decisions.


What you can do: Be transparent in your business. The more you share your financials and philosophy, the easier it is for employees to make the right decisions.

3. Generate Viable Opportunities  

4. Resolve Issues Before They Are Issues 

5. Tell It Like It Is  

6. Demonstrate High Standards, With Low Maintenance  

7. Grow Themselves, and Others  

8. Research, Apply, and Refine  

9. Stimulate Happiness  

10. Facilitate Amazing Bosses


Access Kevin's full article here.


KEVIN DAUM: An Inc. 500 entrepreneur with a more than $1 billion sales and marketing track record, KEVIN DAUM is the best-selling author of Video Marketing for Dummies and the executive producer of Amilya! on 77WABC New York.

"The pessimist complains about the wind;
the optimist expects it to change; the realist adjusts the sails.
 - William Arthur Ward, Author -


**Remember to offer your borrowers Owner's Coverage on their most valuable investment. It's a one time premium with a lifetime of security. In addition, they will receive a reduced premium rate when they obtain it simultaneously with your Lender's Coverage.**

What Topics Are On Your Mind?

Virginia Title Center wants to provide you with pertinent information in future E-Blasts and Webinars. What questions are on your mind regarding the real estate and mortgage lending industry? What topics would you like addressed in future E-blasts? Send Patti your thoughts.
Patti L. Dickerson                                      
Director of Marketing & Communications
Virginia Title Center, LLC
Integrity. Security. Excellence.

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