Agenda 07/24/2012 Item #16D 57/24/2012 Item 16.D.5.
EXECUTIVE SUMMARY
Recommendation to approve (2) Modifications to Lien Agreements for the Disaster Recovery
Initiative Single Family Rehabilitation Program to reflect the grant amount actually utilized.
OBJECTIVE: Modification of Lien for two Disaster Recovery Initiative Single Family Rehabilitation
program participants in accordance with the program's administrative plan.
CONSIDERATIONS: The Disaster Recovery Initiative (DRI) grant #08DB- D3- 09- 21- 01 -A03 is a
federally - funded grant program through the Florida Department of Economic Opportunity (DEO), FKA,
Florida Department of Community Affairs (DCA) administered by Collier County. An established
activity with this grant is to provide funding to income qualified homeowners to assist in the repair of
storm- related damage or to mitigate against future storm- related damage to their homes. Collier County is
no longer providing this type of funding under this program.
Pursuant to the DRI Single Family Rehabilitation Administrative Plan, approved by the Board of County
Commissioners on April 22, 2008, and recorded in Official Records Book 4361, Page 3103, a program
participant executes a security instrument (lien) secured by the subject property for the amount of
assistance being provided. DRI income qualified homeowners, Juan and Evangelina Hernandez, signed a
Single Family Rehabilitation Assistance Program Agreement and Lien Agreement on September 9, 2010
for single family rehabilitation assistance not to exceed the amount of Thirty Thousand and 00 /100 dollars
($30,000.00). However, Collier County contracted the rehabilitation work for a lesser cost and the
homeowner only received a benefit amount of Nineteen Thousand Four Hundred and 00 /100 dollars
($19,400.00) and not the total awarded grant funds in the amount of Thirty Thousand and 00/100 dollars
($30,000.00), which is reflected on the executed and recorded lien agreement. Therefore, a Modification
to the Lien Agreement is necessary to reflect the exact amount that was awarded to the homeowner.
In addition, other DRI income qualified homeowners, Sonia and Eddie Moore, signed a Single Family
Rehabilitation Assistance Program Agreement and Lien Agreement on April 28, 2010 for single family
rehabilitation assistance not to exceed the amount of Fifty Thousand and 00 /100 dollars ($50,000.00).
However, Collier County contracted the rehabilitation work for a lesser cost and the homeowner only
received a benefit amount of Thirty Six Thousand One Hundred Seventy and 00 /100 dollars ($36,170.00)
and not the total awarded grant funds in the amount of Fifty Thousand and 00 /100 dollars ($50,000.00),
which is reflected on the executed and recorded lien agreement. Therefore, a Modification to the Lien
Agreement is necessary to reflect the exact amount that was awarded to the homeowner.
Approval of this item will authorize the Chairman to sign the aforementioned Modifications of Liens and
the executed documents shall be recorded in the Public Records of Collier County, Florida.
FISCAL IMPACT: A total of twenty dollars ($20.00) for recording fees paid by Collier County from
General Fund account string 111- 138759. The DRI 2 grant is closed out and no further disbursements are
allowed.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board
approval. —JBW
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7/24/2012 Item 16.D.5.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
RECOMMENDATION: Approve and authorize the Chairman to sign the Modifications to Liens and
authorize the County Manager or his designee to record same in the official records of Collier County.
Prepared By: Lisa Oien, Grants Coordinator
Housing, Human and Veteran Services
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7/24/2012 Item 16.D.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.5.
Item Summary: Recommendation to approve (2) Modifications to Lien Agreements for
the Disaster Recovery Initiative Single Family Rehabilitation Program to reflect the grant
amount actually utilized.
Meeting Date: 7/24/2012
Prepared By
Name: HutchinsonBarbetta
Title: Executive Secretary,Office of Management & Budget
6/14/2012 3:27:45 PM
Submitted by
Title: Executive Secretary,Office of Management & Budget
Name: HutchinsonBarbetta
6/14/2012 3:27:47 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 6/20/2012 10:27:31 AM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 6/28/2012 4:12:03 PM
Name: SonntagKristi
Date: 6/29/2012 9:04:38 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 6/29/2012 3:30:58 PM
Name: CarnellSteve
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Title: Director - Purchasing /General Services,Purchasing
Date: 7/9/2012 7:32:23 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/9/2012 3:28:49 PM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 7/11/2012 12:54:18 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 7/11/2012 3:07:45 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 7/13/2012 2:56:10 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 7/13/2012 3:44:43 PM
Name: OchsLeo
Title: County Manager
Date: 7/13/2012 10:16:29 PM
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7/24/2012 Item 16.D.5.
7/24/2012 Item 16.D.5.
Prepared by and to he returned to: Barbara Hutchinson
Collier County Housing & Human Services
3339 E Tnminrni Trail
Suite 211
Naples, FL 34112
MODIFICATION TO LIEN AGREEMENT
DISASTER RECOVERY INITIATIVE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
SINGLE FAMILY REHABILITATION ASSISTANCE PROGRAM
As provided by the SEPTEMBER 9, 2010 Lien Agreement and by the JUNE 22, 2010 Disaster
Recovery Initiative Single Family Rehabilitation Assistance Agreement ( "Agreement "), a copy
of which is attached hereto, and recorded in Official Records Book 4603 page 2320, of Public
Records of Collier County, Florida. I/We Juan & Evangeline Hernandez, as Grantee (s), do
hereby acknowledge that 714 NEW MARKET RD, IMMOKALEE, FLORIDA 34142, more
particularly described as (LOTS RECORDED AT PLAT BOOK 1, PAGES 104 AND 105 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (PROPERTY ID NO.
63854840000) (the "Property "), is subject to this lien ( "Lien ") in favor of Collier County,
Florida.
This Modification to Lien Agreement is to update the Lien amount: ALL ORIGINAL TERMS
APPLY.
We further acknowledge the terms and conditions of this Lien, including the following:
1. The Lien secures the sum of Thilly Thougat► Nineteen
Thousand Four Hundred and 00 1100 Dollars ($19,400.00); and
2. The basis of the Lien is the Agreement attached hereto as attach Exhibit "A "; and
3. The Lien shall bear a zero percent (0 %) interest rate; and
4. The Lien shall be released after five (5) years if the owner(s) has continued to occupy the
home located on the Property as their principal residence; and
5. If prior to five (5) years the Property is transferred, sold, refinanced or no longer
occupied by the owner(s), the principal shall be forgiven and subtracted by monthly
amounts equal to 1 /60th of the amount listed in Section 1 of this Lien. The number of
monthly amounts subtracted shall be from the date of the Agreement to the date of such
transfer, sale, refinance or non - occupancy.
IN WITNESS WHEREOF, the said Grantees have signed and sealed these presents this
day of , 2012
WITNESSES:
Print Name:
Print Name:
By:
Juan Hernandez
By:
Evangeline Hernandez
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this day of 2012, by
, who L_J are personally known to me or [�] produced
as proof of identity.
(NOTARIAL SEAL)
(signature ofNotary Public)
(Print Name of Notary Public)
Serial / Commission #:
My Commission Expires:
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Approved as to form & Legal Sufficiency
Jennifer B. White
Assistant County Attorney
ATTEST:
DWIGHT E. BROCK, Clerk
FLORIDA
By:
, Deputy Clerk
7/24/2012 Item 16.D.5.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,
By:
FRED W. COYLE, CHAIRMAN
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File # 09 -33R and HM09 -10 -005
Juan & Eva Hernandez
Contract
Exterior Doors 3
Impact Glass
Garage Door
Ceiling Drywall
gutters
permits
Project Total:
Labelle Homes
Labelle Homes
Labelle Homes
Labelle Homes
Labelle Homes
Labelle Homes
D.R.I.
$2,300.00
$10,600.00
$1,300.00
$1,700.00
$3,100.00
$400.00
$19,400.00
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7/24/2012 Item 16.D.5.
INSTR 4473$32 OR 4603 PG 2320 RECORDED 9/10/2610 1:03 Pm PAGES 2
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC 115.50
Pm med!y wdw be mumedlo:
CoWu Covey Homing C Humor Smias
3301 ETanlsm3 Tndl
Buitdbg H Room 211
N■pks, FL. 34112
LIEN AGREEMENT
DISASTER RECOVERY INITIATIVE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
SINGLE FAMILY REHABILITATION ASSISTANCE PROGRAM
7/24/2012 Item 16.D.5.
AOW
As provided by the JUNE 22, 2010 Disaster Recovery Initiative Single Family Rehabilitation
Assistance Agreement ( "Agreement'), a copy of which is attached hereto as Exhibit "A ", Uwe
JUAN and EVANGELINA HERNANDEZ, as Grantee(s), do hereby acknowledge that 7I4
NEWMARKET RD, IMMOKALEE, FLORIDA 34142, more particularly described as (LOTS
11 and 12, BLOCK 15, NEWMARKET SUBDIVISION), ACCORDING TO THE PLAT
RECORDED AT PLAT BOOK 1, PAGES 104 and 105 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA (PROPERTY ID NO. 63854840000) (the "Property "), is
subject to this lien ( "Lien ") in favor of Collier County, Florida.
We further acknowledge the terms and conditions of this Lien, including the following:
1. The Lien secures the sum of ufaia 0/100 Dollars ($30,000.00); and
2. The basis of the Lien is ti ement attached h Exhibit "A "; and
3. The Lien shall bear a p % ' to t te;
4. The Lien shall be re as tier t) r(s has continued to occupy the
home located on the 1
5. If prior to five (5) %'the Property is rr old, refinanced or no longer
occupied by the ow principal shat o en and subtracted by monthly
amounts egaal to 1 /6%ount sted ' t�f' 1 of this Lien, The number of
monthly amounts sub f the A greement to the date of such
transfer, sale, refinance or non -o
IN WI SS WHEREOF, the said Grantees have signed and sealed these presents this Q
day of,, 2010
WITNES 'S:
n N e: AJLT IANDEZZ p
By,jffn"1 a✓ c
Print Name: �Tiai>,_io _f�a.�,.,z� EVANGELINA HERNANDEZ J
STATE OF FLORIDA
COUNTY OF COLLIER
The fore .�g$oing instrument was acknowledged before me this day of by
'tkd^ ktshtt.:2 �E t1.1,.Wum l who b�j are personally known to me or f_1 produced
as proof of identity.
(NOTARIAL SEAL)
«.. ». «.,. ».. «»... »..............
ANa 1, DIAL
"�`: E>gtlres 7ltR017 i
Fbddo hftwAssn.6ic
... . .4
(S�16map ro =NotDIC.1Public)
si (Print Name of Notary Public) _
Serial / Commission #:b DO490frg}
My Commission Expires:
7 1f1
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7/24/2012 Item 16.D.5.
* ** OR 4603 PG 2321 * **
Exhibit "A"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
DISASTER RECOVERY INITIATIVE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
SINGLE FAMILY REHABILITATION ASSISTANCE PROGRAM AGREEMENT
This Agreement is executed this 22'" day of June, 2010 by JUAN and EVANQELUIA HERNANDEZ ( "Owner'), the
undersigned and real property. owner of a single- family home located at 214 NEW MARKET RD IMMOKALEE.
FLORiDA,4_t42 ( "Property"), who has been awarded Single Family Rehabilitation Assistance not to exceedthe amount of
THI ( "Assistance ") through Collier County from the Florida
Department of Community Affairs' Disaster Recovery Initiative.
By signing this document, Owner, to the fullest extent permitted by laws and regulations, holds harmless Collier County and
their agents and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential
(including, but not limited to, fees and changes ofattomeys and other professionals and court and arbitration costs) arising
out of or resulting from the performance of the work.
DER CO
Owner agrees to execute a Disaster Re tative Flor ent of Community Affairs Single Family
Rehabilitation Assistance Program L' Ag� ment "Lien' ). This A me shalt be attached to Lien as Exhibit "A ".
Owner acknowledges that the amou t o s is ct�w 11 s b n ainst the Property. The Lien will be a
Deferred Payment Loan, bear a zero 11) sha o rtizing. The Lien shall be released after
rive (5) years if Owner continues to r the Property a print I i If prior to five (5) years the Property is
transferred, sold, refinanced or no tong ied by Owner, the p '� all be forgiven and subtracted by monthly
amounts equal to V60t° ofthe amount Assis ounts subtracted shall be from the date of this
Agreement to the date of such transfer, sate, refrnan t R panty
IN WITNESS WHEREOF, said Owner has executed this Agreement effective the date and year first above written.
y .II
AN HERNANDEZ
Ey: 1
ANGELINA HERNANDEZ
STATE OF FLORIDA
COUNTY OF COLLIER
The fore oil ng instrument was acknowledged before me this 9_ day of,44 2010, by
�(ta„ tktng 1 r,o ta~nGn who (}LI are personally known to me or L-_) produced
as proof of identity.
(NOTARIAL SEAL)
:......... ....... . ........... . " ....... .....
^NO, G aaz =
ComrrW DD0690M
�I f .FsN esW /N i
�! ..... NoMNAIAr..& teo
. r
(S'rgnaturc of Notary Public)
to f.�1GZ
(Print Name ofNotary Public}
Serial l Commission #:bD2 904'Sy
My Commission Expires: n t i x011
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7/24/2012 Item 16.D.5.
Prepared by and to be returned to: Barbeua Hutchinson
Collier County Housing & Human services
3339 E Tarniarni Trail
Suite 21 t
Naples, FL. 34112
MODIFICATION TO LIEN AGREEMENT
DISASTER RECOVERY INITIATIVE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
SINGLE FAMILY REHABILITATION ASSISTANCE PROGRAM
As provided by the APRIL 28, 2010 Lien Agreement and by the FEBRUARY 4, 2010 Disaster
Recovery Initiative Single Family Rehabilitation Assistance Agreement ( "Agreement "), a copy
of which is attached hereto, and recorded in Official Records Book 4.568 page 863, of Public
Records of Collier County, Florida. I /We Sonia & Eddie Moore, as Grantee (s), do hereby
acknowledge that (964 7"' Ave. N, NAPLES, FLORIDA 34102, more particularly described as
(NAPLES T 10 BLK 28 LOTS 4 & 5 & N 1/ OF W 40 ft of E 140 R of VAC E/W ALLEY
LYING S of & ADJ TO LOTS 4 & 5), ACCORDING TO THE PLAT RECORDED AT PLAT
BOOK 1, PAGE 8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
(PROPERTY ID NO. 14050240000) (the "Property "), is subject to this lien ( "Lien ") in favor of
Collier County, Florida.
This Modification to Lien Agreement is to update the Lien amount: ALL ORIGINAL TERMS
APPLY.
We further acknowledge the terms and conditions of this Lien, including the following:
1. The Lien secures the sum of Fi Thirty Six
Thousand One Hundred Seventy and 00/100 Dollars ($36,170.00); and
2. The basis of the Lien is the Agreement attached hereto as attach Exhibit "A "; and
3. The Lien shall bear a zero percent (0%) interest rate; and
4. The Lien shall be released after five (5) years if the owner(s) has continued to occupy the
home located on the Property as their principal residence; and
5. If prior to five (5) years the Property is transferred, sold, refinanced or no longer
occupied by the owner(s), the principal shall be forgiven and subtracted by monthly
amounts equal to 1/600i of the amount listed in Section 1 of this Lien. The number of
monthly amounts subtracted shall be from the date of the Agreement to the date of such
transfer, sale, refinance or non - occupancy.
IN WITNESS WHEREOF, the said Grantees have signed and sealed these presents this
day of 2012
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF COLLIER
By:
Sonia Moore
By:
Eddie Moore
The foregoing instrument was acknowledged before me this day of 2012, by
, who l_l are personally known to me or produced
as proof of identity.
(NOTARIAL SEAL)
(signature of Notary Public)
(Print Name of Notary Public)
Serial / Commission #:
My Commission Expires:
Packet Page -2488-
Approved as to form & Legal Sufficiency
Jennifer B. White
Assistant County Attorney
ATTEST:
, m G'-"
DWIGHT E. BROCK, Clerk
FLORIDA
By:
, Deputy Clerk
7/24/2012 Item 16.D.5.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,
By:
FRED W. COYLE, CHAIRMAN
Packet Page -2489-
7/24/2012 Item 16.D.5.
Disaster Recovery Initiative
SFR Funds Disbursement
Worksheet
DRI 05.120
Eddie and Sonia Moore
964 7th Ave N
Naples, Florida 34102
Contracted Jobs
Vendor
Billed Amount
Paid
Total Contract Amount
Kelly Roofing
$8,764.00
New Roof
$8,764.00
Invoice J -15487
$8,764.00
Balance
$0.00
Total Contract Amount
A. Martinez
$21,006.00
Invoice 0015
$13,195.00
Balance
$7,811.00
Change Order
$6,400.00
Balance
$14,211.00
Invoice 0014
$7,811.00
Balance
$6,400.00
Invoice
Total Expended to Date
$36,170.00
r
Packet Page -2490-
7/24/2012 Item 16.D.5.
INSTR 4431986 OR 4568 PG 863 RECORDED 5/20/2010 8:15 AM PAGES 2
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $18.50
Prepared by and to be retuned to:
Collier County Hewing A Human Semiecs
3301 ETimismi Trail
Building H Room 211
Naples. FL. 34112
LIEN AGREEMENT
DISASTER RECOVERY INITIATIVE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
SINGLE FAMELY REHABILITATION ASSISTANCE PROGRAM
As provided by the FEBRUARY 4, 2010 Disaster Recovery Initiative Single Family
Rehabilitation Assistance Agreement ( "Agreement'), a copy of which is attached hereto as
Exhibit "A ", Uwe SONIA and or EDDIE MOORE, as Grantee(s), do hereby acknowledge that
964 7- AVE N, NAPLES, FLORIDA 34102, more particularly described as (NAPLES T 10
BLK 28 LOTS 4&5 & N'' /: of W 40R of E 1408 of VAC E/W ALLEY LYING S of & AD3 TO
LOTS 4 &5), ACCORDING TO THE PLAT RECORDED AT PLAT BOOK I, PAGE 8 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (PROPERTY ID NO.
14050240000) (the "Property "), is subject to this lien ( "Lien ") in favor of Collier County,
Florida.
We further acknowledge the terms and
11 The Lien secures the sum Pf
2. The basis of the Lien i the G
3. The Lien shall bear zer
4. The Lien shall be rel
home located on the rty as
5. If prior to five (5) c Property
occupied by the owner( 0 . cipal
amounts equal to 1/60'" of
monthly amounts subtracted sh
transfer, sale, refinance or non - occupancy.
Lien, including the following:
J($50,000.00); and
it "A "; and
s continued to occupy the
refinanced or no longer
d subtracted by monthly
his Lien. The number of
to of the Agreement to the date of such
IN WITNESS WHEREOF, the said Grantees have signed and sealed these presents this
day of ,2010
WITNESSES:
By:
Print Name: Sonia Moore
BYQ ( ntY�19� —
Print Name: Vt 111 lw-W Eddie Moore
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this Iri. day of Ape', L 2010, by
Sw Yr. o c� Nl ge,E_ , who 1_J are personally known to me or produced
-6L- as proof of ide tity.
(NOTARIAL SEAL) tot 4 GvL
(Si
.N..NIN tu re of Notary Public)
MNN......N. is � O.I:tJ
L8A
OMN (Print Name of Notary Public)
tbmaw 0=81837 c Serial I Commission 4:
"(r E;*n 4=2012 My Commission Expires:
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7/24/2012 Item 16.D.5.
* ** OR 4566 PG 864 ***
Exhibit "A"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
DISASTER RECOVERY INITIATIVE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
SINGLE FAMILY REHABILITATION ASSISTANCE PROGRAM AGREEMENT
This Agreement is executed this 40' day of February, 2010 by SONIA AND EDDIE MOOR E ( "Owner "), the undersigned
and real property owner ofa single - family home located at 964 7" AVE N. NAPLES_ FLORIDA 34102 ("Property, who
has bees awarded Single Fam ity Rehabilitation Assistance not to exceed the amount of FIFTY THOUSAND AND 001100
DOLLARS ($50,000.00) ("Assistance") through Collier County from the Florida Department of Community Affairs'
Disaster Recovery Initiative.
By signing this document, Owner, to the fullest extent permitted by laws and regulations, holds harmless Collier County and
their agents and employees from and against all claims, damages, tosses, and expenses, direct, indirect, or consequential
(including, but not limited to, fees and changes ofattorneys and other professionals and court and arbitration costs) arising
out of or resulting from the performance of the work,
Q
Owner agrees to execute a Disaster R ant of Community Affairs Single Family
Rehabilitation Assistance Program Lie"). This A�en hall be attached to Lien as Exhibit "A ".
Owner acknowledges that the amour of e i y i n a inst the Property. The Lien will be a
Deferred Payment Loan, bear a zero p , all a izing. The Lien shall be released after
five (5) years if Owner continues to o the Property a print de f prior to five (5) years the Property is
transferred, sold, refinanced or no long ied by Owner, the s li be forgiven and subtracted by monthly
amounts equal to 1/60'' of the amount Assista lily ounts subtracted shall be from the date of this
Agreement to the date of such transfer, sale, refinan ~ R cy.
IN WITNESS WHEREOF, said Owner has executed this Agreement effective the date and year first above written.
WITNESSES: ;
_ ay:
Print Name: C— onia Moore
By
Print Name. Eddie Moore
STATE OF FLORIDA
COUNTY OF COLLIER +
The foregoing instrument was acknowledged before me this _ZS day of �r L - 2010, by
&;,'.L AjI jjt- i "d ,_ Alce¢r. , who r I are personally known to me or [ ✓, produced
L • as proof of iMOVE 1
(NOTARIAL SEAL)
( rgnature of Notary Public)
"USA.6rE (Print Name of Notary Public)
Q. Comm# tDOTetttV I Serial / Commission ff:
��(�� Fi�ras41t1rtotx ee My Commission Expires.
........ wRdi' N..;N.&MONoWr/ua�,. kc a
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