Agenda 04/09/2013 Item #16D4 4/9/2013 16.D.4.
EXECUTIVE SUMMARY
Recommendation to approve two (2) mortgage satisfactions for State Housing Initiatives
Partnership Program (SHIP) in accordance with the Board's Short Sale Policy, in the amount of
$2,868.60.
OBJECTIVE: Approve and authorize the Chairwoman to sign two(2)mortgage satisfactions.
CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable
housing grant, offers assistance to first time homebuyers for use toward a portion of the required down
payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner
must repay the assistance provided upon sale,refinance or loss of homestead exemption.
On February 28, 2012. Agenda Item 16.D.7. the Board of County Commissioners approved a Short Sale
Policy for the SHIP program. The Short Sale Policy provides a settlement amount towards the down
payment assistance in the amount of 6% of the Collier County loan amount or $6,000.00 (whichever is
less) in an effort to facilitate a Short Sale. The recipient, as the seller of the property, must not receive
funds from the short sale.
The following table contains relevant details. The recipients will not receive funds from the short sale.
Recipient Name Security Instrument Payoff Amount Public Record
Arnold Nieto & Connie SHIP Second Mortgage $1,372.50 (6% of OR Book: 4385,
Nieto $22,875.00 second mortgage) PG: 0677
Robert J. Hartman SHIP Second Mortgage $1,496.10(6% of OR Book: 4118,
$27,435.00* second mortgage) * PG: 3484
*The Second Mortgage is $27,435.00. $2,500.00 was allocated for rehab but not expended. Therefore, the total assistance
provided to Mr.Hartman is$24,935.00.
Approval of this item will authorize the Chairwoman to sign the aforementioned satisfaction of mortgages
for recording in the Public Records of Collier County, Florida.
FISCAL IMPACT: The repaid amount of $2,868.60 is considered program income and has been
deposited in SHIP Grant Fund 791, Project 33222. The Twenty dollar($20.00)recording fee will be paid
by each recipient.
LEGAL CONSIDERATIONS: The Board approved Short Sale Policy allows the County to forgive 6%
of the "assistance provided." In Mr. Hartman's case, the assistance provided is less than the second
mortgage amount. It is appropriate to use the assistance amount rather than the mortgage amount in the
calculation. Accordingly, this item is legally sufficient and requires a majority vote for Board action. —
JBW
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: Approve and authorize the Chairwoman to sign two (2)mortgage satisfactions
for owner-occupied affordable housing unit that has satisfied the terms of the Short Sale Policy.
Packet Page-1194-
4/9/2013 16.D.4.
Prepared By: Wendy Klopf, Operations Coordinator, Housing,Human and Veteran Services
Packet Page -1195-
. __ _
4/9/2013 16.D.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.4.
Item Summary: Recommendation to approve two (2) mortgage satisfactions for State
Housing Initiatives Partnership Program (SHIP) in accordance with the Board's Short Sale Policy,
in the amount of$2,868.60.
Meeting Date: 4/9/2013
Prepared By
Name: KlopfWendy
Title: Operations Coordinator,Housing,Human&Veteran Se
3/1/2013 4:29:16 PM
Submitted by
Title: Operations Coordinator,Housing,Human&Veteran Se
Name: KlopfWendy
3/1/2013 4:29:17 PM
Approved By
Name: LarsenKathleen
Date: 3/5/2013 12:32:32 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 3/14/2013 11:06:58 AM
Name: GrantKimberley
Title: Interim Director,HHVS
Date: 3/15/2013 1:16:10 PM
Name: SonntagKristi
Date: 3/15/2013 1:38:14 PM
Name: AckermanMaria
Title: Senior Accountant, Grants
Packet Page-1196-
4/9/2013 16.D.4.
Date: 3/18/2013 10:21:28 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 3/19/2013 10:03:30 AM
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 3/22/2013 11:20:20 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/27/2013 12:13:07 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/28/2013 1:45:47 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 4/1/2013 9:50:40 AM
Name: OchsLeo
Title: County Manager
Date: 4/1/2013 11:00:48 AM
Packet Page -1197-
4/9/2013 16.D.4.
Prepared by:
Collier County
Housing,Human&Veteran Services
3339 E.Tamiami Trail
Naples,FL 34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is
3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain
Mortgage executed by Robert J. Hartman to COLLIER COUNTY, bearing the date of September
29,2006, recorded October 9,2006 , in Official Records Book 4118,Page 3484, of the Public Records
of Collier County, Florida, securing a principal sum of$27,435.00 and certain promises and obligations
set forth in said Mortgage, upon the property situated in said State and County described as follows, to
wit:
COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance
with Collier County Short Sale Policy, approved by the Board of County Commissioners on February 28,
2012, Agenda Item 16.D.7, and surrenders the same as cancelled, and hereby directs the Clerk of said
Circuit Court to cancel the same record.
This Satisfaction of Mortgage was approved by the Board of County Commissioners on -
,2013,Agenda Item Number
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk GEORGIA A. HILLER,ESQ, CHAIRWOMAN
Approved as to form
and legal sufficiency:
Jennifer B White
Assistant County Attorney ' ! `ti3
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SECOND MORTGAGE 0019 21135,00
Rote:
3913880 0R: 4118 PG: 3484 v1CIPII 21121.00
05110 0A0I TITLI CO WORM in the OPIICIAL RECORDS of COLLIER CORN, PL 100'•35 96,25
1401 POOC1 01 LEON BLVD 1611 10/09/2906 at 12:39PN DVICNT 1, 110CA, CL116
CORAL CABLES PL 13136
THIS SECOND MORTGAGE('Security instrument")is given on September ,2008.The Second Mortgagor Is:
Robert J.Hannan,A Single Person
('Borrower'). This Security Instrument Is gWen to Collier County ('Lander),which is organized and existing under
the laws of the United States of America,end whose address is 2800 North Horseshoe Drive, 1400, Naples,
Florida 34014 .Borrower owes Lender thin m of Twenty-Seven Thousand Four Hundred Thirty-five and
No/100 the Dollars(U, debt is evMenced by Borrower's Note dated the same data ee this Security
instrument('Second Mortgage NY payments,with the fug debt.U not paid earlier.due and payable on sale of
property, ref inane., or loam of homestead exemption . This Security Instrument secures to Lander,(a)the
repayment of the debt evidenced by the Note,with Interest and all renewals,extensions and modifications;(b)the payment of all other sums,
with Interest advanced under paragraph 7 to protect the security of the Security fnsUumsnt;and(o)the performance of Borrowers covenants
and agreements under this Security instrument and the Nola.For this purpose,Borrower does hereby second mortgage,grant and convey to
Lander the following described property located In Collier County,Florida,
As mare particularly described as Building 177,Unit 7,Granada Lakes Villas,A Condominium,Collier County,Florida and which has
the address at:
("Property Address"): 177 Santa Clara Drive, i7, Naples, Florida 34104
9
TOGETHER WITH all the improvements now or hereafter erected on the property,end all easements,rights,epptnenances,rents,
royalles,mineral,all and gas rights and profits,water rights and stock and all fixtures now or hereafter a pert of the properly.AN replacements
and additions shall also be covered by the Security Instument AN of the foregoing Is referred to In this Security Instrument an the'Property.
BORROWER COVENANTS that Borrower Is lawfully seta.,, • he estate hereby conveyed and has the right to mongege,grant and
convoy the Properly and that the Property Is unenoumber.• -•.. Ifor u b•roes of record, Borrower warrants and will defend generally
the Utle to the Property against all claims and demon•: . :. 'r :• of record.
THIS SECURITY INSTRUMENT combine" I I. '•• snails for .,use and non-uniform covenants with limited variation by
jurisdiction to constitute o uniform security tnelrurpe •• -, g real property, j
UNIFORM COVENANTS. Borrower d L:,,der covenant and agree as foil•
1. Payment of Principal and Into h P p .Lora,, ,ea. .• • , shall promptly pay when due Oro principal of and
Interest on the debt evidenced by the Note. trot-2. Taxes. The Mortgagor will pay.I 1 - les• •r to the accrual of any y pexhelYes a Interest
The Mortgagor shell pay or cause o be• • as •. - e( X1)as taxes end governmental
land whatsoever which may at 9a her charges,
or
eS' any time be I � 1 : .. t any
Including"service charges',Incurred or Imps er•,• I ••eretonrn& st ear the keepeny(2)all ems and Ike Pi rherly,
(3)all assessments or other governmental• ��1aa�a^ upkeep and ors,themont o(the halt be,and
that may lawfully be pa Mule one.[ J. a period of yearH,the Mon
obligated under the Mort�ega to pay or cape tp. aid only such Inatalime a 'yT'1` Sae shell lea
shall,promptly after the payment of any of the f forward to Mon p a by ant during Ina term o11M Modgege and
3. Application of Pa oth payment.
Payments. Unless law provides otherwise i I say, ants received by Lender shall be applied;foal,to
Interest due;and,to principal due;and Iasi,o any ( tlue under Ina
4. Charges;Liens. Borrower shall pay altar,.- ants-�(� i abs'and impositions attributable to the Property which
attain priority over this Security Instnrnent,and leasehold• oft3rpar• s,If eny.Borrower shah may
notices of amounts to be paid under this paragraph,and at . . promptly furnish to Lander all
Borrower shall promptly die "hl the payments.Instrument
the payment of the obligation secured lien in a manner has acceptable to Lander Security contests In unless faith h the Ilan(a)or.agrees in writing against
t
enlacement of the lien In,legal proceedings which In the Lender' ( ) fate the Ilan b r or.(c)secures res Iwo
the holder of the ten an agreement satisfactory opinion operate to prevent Security the enforcement If Lender tde I determines r in)s that any yam
of the Property is subject to a hen which may priority Bovbeer thee Seccurity Instrument,Lendrim may Instrument.Borrower a notice Id es fyin shy earl
Borrower shall sagely the lion or take one or more of o actions set forth above within 10 days fMag nil the Ilan.
5• Hazard or Property Insurance. Borrower shall keep the improvements now eoMing Ma hereafter erected on the p y
against lose by fire,hazards Included within the term"extended coverage"and any other hazards,Including floods or flooding,for which he od Lender
requires Insurance.This insurance shell ba maintained In the amounts and for the perloda that Lender requires.The Instsanoa carrier
providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably witlthekl. If Borrower falls to
verage described above,Lender may,el Landers option,obtain coverage to protect Lender's rights In the Property in accordance
with paragraph 7.Al all times that the Note Is outstanding, D
risks end for such amounts as are customarily Insured er Mortgagor shell some be ome due wigs respee.to the-Premises min espect such
Including,but not limited to,all-risk Insurance against and pay,as the samg r end dug and payable.as or damage n to the P emises
by ire, customarily prolecfing Ina hnst(in luf ing MOl r expl end Monpprop agalnsl teas or damage to Ina Premises
coverage endorsement including debriremoval coverage.against insurance boiler limees o bo amount r not llass than standard extended
cost or the Premises,exclusive of footings and foundations.
All Insurance policies and renewals shat be acceptable to Lender end shall Include a standard mortgage clause.Lender shell have
the right to hold the policies and renewals. If Lander requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. In the event of loss,Borrower shell give prompt notice to the Insurance carrier end Lander.Lender may make proof of loss E not made
promptly by Borrower.
Unless Lender and Borrower otherwise agree In writing,insurance proceeds shall be applied to restoration Cr repair of the Property
damaged,ar the restoration or repair is economically feasible and Landers security Is not lessened. If the restoration or repair Is not
economically feasible or Lenders security would be lessened,the Insurance proceeds shall be applied to the sums secured by the Security
Instrument,whether or me ghat duo,with any excess paid to Borrower. If Borrower abandons the Properly,or does not answer within 30 days
a notice from Lander that the Insurance carrier has offered to settle a datm,men Lender may collect the insurance proceeds. Lander may use
the proceeds to repair or restore the Property or io pay sums secured by this Security Instrument,whether or not Than due. The 30-day period
will begin when the notice is mailed Unless Lender and Borrower otherwise agree In wilting,any application of proceeds to pdndpet shalt not
extend or postpone the duo date of the monthly payments referred to In paragraph 1 or change the amount of the payments. U under paragraph
21 the Property Is acquired by Lender,Borrower's right to any Insurance policies and proceeds resulting from damage to tie Property prior to
the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument Immediately prior to the acquisition.
a, Occupancy,Preservation,Maintenance and Probation of the Property;Borrower's Loan Application,Leaseholda. Borrower shall
occupy,establish,and use the Property as Borrowers principal residence when sixty days after the execution of this Security Instrument and
shall continue to occupy the Property as Borrower's principal residence for at least one year alter the dale of occupancy,unless Lender
otherwise agrees In writing,which consent shag not be unreasonably withheld,or unless extenuating circumstances exist which are beyond
Borrower's control. Borrower shall nol destroy,damage or impair Ina Property,allow the Properly to deteriorate,or comMIt waste on the
Property. Borrower shall be in default II any forfeiture action or proceeding,whether club or criminal,Is begun that in Lenders good faith '
i
Packet Page -1200-
4/9/2013 16.D.4.
Prepared by:
Collier County
Housing,Human&Veteran Services
3339 E.Tamiami Trail
Naples,FL 34112
THIS SPACE FOR RECORDING
SATISFACTION OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is
3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain
Mortgage executed by Arnold Nieto and Connie Nieto to COLLIER COUNTY, bearing the date of
August 4, 2008, recorded August 11, 2008 in Official Records Book 4385 Page 0677, of the Public
Records of Collier County, Florida, securing a principal sum of$22,875.00 and certain promises and
obligations set forth in said Mortgage, upon the property situated in said State and County as more fully
described in said Mortgage.
COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance
with Collier County Short Sale Policy, approved by the Board of County Commissioners on February 28,
2012,Agenda Item 16. D. 7, and surrenders the same as cancelled, and hereby directs the Clerk of said
Circuit Court to cancel the same of record.
This Satisfaction of Mortgage was approved by the Board of County Commissioners on day
of ,2013, Agenda Item Number
ATTEST:
BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY,
FLORIDA
By: By:
, Deputy Clerk GEORGIA A.HILLER,ESQ.
CHAIRWOMAN
Approved as to form and
legal sufficiency:
Jenni r B. White
Assistant County Attorney
Packet Page -1201-
4/9/2013 16.D.4.
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BOARD OF , .. .
COUNTY COMMISSIONERS
COLLIER COUNTY °c�
NAPLES, FLORIDA 34112 Cr) cv
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Packet Page-1202-
Prepared By: ( r- 4/9/2013 16.D.4.
Frank Ramsey •
Collier County Rousing
3301 E. Tamiami Tr. SECOND MORTGAGE
Naples, Fl. 34112
Retn:
4198652 OR; 4385 PG. 0617 sail 22875,00
RO1GAR 8 ASSOCIATIS RICORDID in the OfICIAL RICORDS of COLLIUR MITT. IL 11C III 35.50
55 00111571L1D RD 1 08/11/2008 at 08:32AM DRIGHT 1. BROCL. CURL DOC-.35 80.15
L LIHIGH ACRIS 11 33936
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THIS SECOND MORTGAGE("Security Instrument")is given on .2008- The Second Mortgagor is:
Arnold Nieto and Connie Nieto,a married couple
("Borrower).This Security Instrument is glven,to Collier County ("Lender),which is organized and existing under
the laws of the United States of America,and whose address Is 3301 E. Tamiaai Trail, Naples, Florida 34112 .
Borrower owes Lender the sum of Twenty Two Thousand Eight Hundred Seventy Five and 00/100 Dollars
($22,875.00).This debt is evidenced by Borrower's Note dated the same date as this Security Instrument('Second Mortgage"),which
provides for monthly payments,with the full debt.if not paid earlier,due and payable on sale of property, refinance, or
loss of homestead .:caption .This Security Instrument mares to Lender:(a)the repayment of the debt evidenced by the
Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7
to protect the security of the Security Instrument and(c)the performance of Borrowers covenants and agreements under this Security
Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lefler the following described
property located in Collier County,Florida.
As more particularly described as Lake Trafford Shores,Unit 1,131k 0,Lot 11,Collier County,Florida and which has the address of:
SEE EXHIBIT A
("Property Address"): 5116 Quail Roost Road, Iamokalee, FL 34142
TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents,
royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements
and additions shall also be covered by the Security Instrument All of the foregoing Is referred to in this Security Instrument as the"Property".
BORROWER COVENANTS that Borrower is(awfully seized of the estate hereby conveyed and has the right to mortgage,grant and
convey the Property and that the Property is unencumbered, . of record. Borrower warrants and will defend generally
the title to the Property against all claims and demands, '�f' ,y• .-_of record.
THIS SECURITY INSTRUMENT combines .06_11C,
cy . -.- - - •non-uniform covenants with limited variation by
jurisdiction to constitute a uNforrn security instil , , !r►:.. •real property.
UNIFORM COVENANTS. Borrower= • •rr covenant and agree as •
1. Payment of Principal and I " Late C :• • _ -hall promptly pay when due the princpal of and
interest on the debt evidenced by the Note.
2. Taxes. The Mortgagor will pay •-•- -��•r water -- -.. , •'••r to the accrue of any penalties or interest
thereon. liNi► T 1) taxes and governmental charges of any
The Mortgagor shad pay or cause • r n )•
kind whatsoever which may at any time be< -Property.(2)all utility and other charges.
including"service charges',inamed.or I ••-1 • .ir.,;•... war _.... .TL,:e upkeep and improvement of the Property,and
(3)all assessments or other govemrhertal Ch: may lawfully be p i a period of years.the Mortgagor shall be
obligated under the Mortgage to pay or cause d only such `1 be paid during the term of the Mortgage,and
shall.promptly after the payment of any of the ^ forward to • payment
3.Application of Payments. Unless -67;'-a law provides otherwise, ,-received by Lender shall be applied;first to
interest due;and,to principal due;and last,to any ,.--due under the •,
4. Charges;Liens. Borrower shall pay all `r��� : .,. and Impositions attributable to the Property which may■
attain priority over this Security Instrument, d I •—
- • . , + ..,./g!,-,. any. Borrower shall promptly furnish to Lender all
notices of amounts to be paid under this paragraph,and all --- -payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower.(a)agrees in writing to
the payment of the obligation secured by the lien in a manner acceptable to Lend;(b)contests in good faith the lien by,or defends against
enforcement of the lien h.legal proceedings which M the Lender's opinion operate to prevent the enforcement of the lien:or(C)secures from
the holder of the lien an agreement satisfactory to Lender subordinating the ken to this Security bmtnanent. If Lender determines that any part
of the Property is subject to a lien which may attain priority over the Security instrument Lender may give Borrower a notice identifying the lien.
Borrower shell satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender
requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to
maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lenders rights in the Property In accordance
with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such
risks and for such amounts as we customarily insured against and pay.as the same become due and payable,all premiums In respect thereto,
including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises
by fire,lightning.and other casualties customarily insured against(including boiler explosion,if appropriate).with a uniform standard extended
coverage endorsement,includi ng debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement
cost of the Premises,exclusive of footings and foundations. .
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have
the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal
notices. to the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss If not made
promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property
damaged.if the restoration or repair is economically feasible and Lender's security is not lessened. lithe restoration or repair is not
economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security
Instrument,whether or not then due,with any excess paid to Borrower. N Borrower abandons the Property,or does not answer within 30 days
a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use
the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period
will begin when the notice Is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph
21 the Property is acquired by Lender.Borrower's right to any Insurance policies and proceeds resulting from damage to the Property prior to
the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy,Preservation,Maintenance and Protection of the Property:Borrower's loan Application,Leaseholds. Borrower shall
occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security instrument and
shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender
otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which we beyond
Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the
Property. Borrower shall be in default If any forfeiture action or proceeding,whether civil or criminal.Is begun that in Lender's good faith
**THIS MORTGAGE IS EXIHIPT FROM INIIANGIBLE TAX DUE TO COVEBI•ai2ST FUNDING**
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