HomeMy WebLinkAboutD-799 Mission Plaza Recorded 08/22/1968r RECORDING REQUESTED Qv_.,
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Title Order No Escrow 510 80796 de
MAIL TAE STATEMEMTS TO
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City of San Luis Obispo
16598 ,vo�1487. PAGE 610
TRANSFER TAX PAID -
SAN LUtS OS!SRO COUNTY.
RECORDER
SPACE ABOVE THIS
=Pccrty $ Firm Name
Grant Deed
L -1 THIS FORM FURNISHED BY SECURITY TITLE INSURANCE COMPANY
AFFIa
FOR A .VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
DORA MADONNA
hereby GRANT(S) to CITY OF SAN LUIS OBISPO, a municipal corporation
the following described real property in the City of San Luis Obispo
county of San Luis Obispo .state of California:
See description attached as Exhibit "A" consisting of one page.
Dated June 14, 1968
®®
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO SS.
On July 16, 1968. before me, the under-
signed, a Notary Public in and for.said County and State, personally
appeared DORA MADONNA
, known to me
to be the person whose name 1S subscribed to the within
instrument an cknowledged that She executed the same.
Signature of tary
HARRY C MURPHY
Name (Typed or Printed) of Notary
MY aemtniawan etgi 7one•Yt 7970
'Ape A
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SEAL OR STAMP
HARRY C MURPHY
d NOTARY PUBIIC
SAN LUIS OBISPO COUNTY
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(Rev. 8 -65) 8 pt. ''
• MAIL TAX STATEMENTS AS DIRECTED ABOVE_
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HARRY C. MURPHY
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SAN LUIS ov- ?O cc7?1TY
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CALIFORNIA 1
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(Rev. 8 -65) 8 pt. ''
• MAIL TAX STATEMENTS AS DIRECTED ABOVE_
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EXHIBIT "A"
VA487 PACE 61
All that part of Block 10 of the City of San Luis Obispo,, in the
City of San Luis Obispo, County of San Luis Obispo, State of
California, according to map filed for record May 1, 1878 in
Book A, at Page 168 of Maps, in the Office of the County. Recorder
of said County, described as follows:
Beginning at a point on the Southerly line of Monterey Street in
said City, distant thereon South 53° 07' West, 222 feet from the
intersection of said Southerly line of Monterey Street, with the
center line of Chorro Street and being the Northwest corner of
the property conveyed to H. M. Warden by deed dated September
122 1894 and recorded September 133 1694 in Book 24, at Page 476
of Deeds; thence South 530 67' West along said Southerly line of
Monterey Street, 84.5 feet; thence at right angles Southeasterly
to the center of San Luis Obispo Creek; thence Northeasterly up
the center of said creek to a point in same, where a line drawn
at right angles with Monterey Street Southeasterly from the point
of beginning would intersect said center line of said creek at
said point and at the Southwesterly corner of the lot so conveyed
to H. M. Warden, as aforesaid;. thence Northwesterly along /the
Westerly line of said Lot to the Southerly line of Monterey Street
and the point of beginning.
DA487 PACE 61Z
CERTIFICATE OF ACCEPTANCE
Ctt•.fs0CS *ssis
THIS IS TO CERTIFY that the interest in real property conveyed
by the deed dated June 14, 1968
19 , from Dora Madonna
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is
hereby accepted by the undersigned officer on behalf of the City
Council pursuant to authority conferred by Resolution No. 549
(1959 Series), recorded YAy 26, 1959, in Volume 1002, Official
Records, Page 292, San Luis Obispo County, California, and the
Grantee consents to recordation thereof by its duly authorized
officer or his agent.
Date: August 5, 1968
ATTEST:
CITY OF SAN LUIS OBISPO
MM.W
Document No. ______ -- 16598
Ui F
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At Min. P M.
Vol/Y470fficial Records P. -&&'
San Lui Obispo Coun , Calif.
IU G 2.2 196.8
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E_68 (GS.);: r- ��11'415js
SECUFZFFY. 'TITLE
INSURANCE COMPANY
~ �" i' 4
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�II T.�,iS OhiFzO OFFICE
City of San Luis Obispo DATE June 14, 1968
C/o Harold Johnson, City Attorney EscROW
990 Palm Street 80796 de
San Luis Obispo, Calif. 931+01
PROPERTY
Please Sign and Return the Following if
"Sa
XXXX Escrow Instructions
a copy for your file.
Amended Instructions
Request for Reconveyance
Bill of Sale
To assist the closing of this escrow please attend to the
matters checked on this sheet and forward to us as soon as
possible.
We believe any documents enclosed are self explanatory
but if you wish further information we shall be pleased to
furnish it.
Your cooperation is appreciated.
Yours very truly,
Escrow Officer��
GSM
Please Sign and Have Acknowledged by
A Notary Public (Notary should fill in -
date and name' of State and County,
using form- attached to document, and
affix his Official Seal)
Deed
Trust Deed
T ease Assignment of Lease.
Crop and /or Chattel Mortgage
Please Fill Out, Sign ond.Return:
Statement of Information
Rent. Statement
Please Furnish Us With.,
Inventory of furniture, etc.
Fire Ins.
Funds necessary to close
Estimated amount is $ ......................
BE ESCROW INSTRUCTIONS
Escrow No. 80796 de
SECURITY TITLE Date ban es � �o , Office B
INSURANCE COMPANY
I VM. hand you $60,00101,00 to conplete 8 total pun*sse Brice Of $60P000000
which you are instructed to use when you are able to procure a standard form
OwrAw8 Policy of Title Insurance, issued by your company
in its usual form containing the printed exceptions usual in such
policy, with liability not less than $ 6 D00 00 on the following described property situate
s
in the t�y at 38n Luis Obispo County of San Luis Obispo
State of C �jorma
bee description attimbede
showing title vested in gay (IF SAN LM CBM00 a X=itgpal Cw9c=tion
Subject to:
1. Taxes Sen. & gpee for the fiscal year 1968.69including levies for any district such as, but not limited
thereto, drainage, irrigation, road improvement, acquisition and improvement, fire protection, etc.
2 Bond — assessment now
with no delinquent payments, and with unpaid balance of principal not to exceed $
3. Covenants, conditions, restrictions, reservations, easements, and rights of way of record (if any),
E -40-L M (G.S.) R 2 -67
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-P•216 (G.S.) Rev. 1 -63 '
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—3 = Li LJ rl 1 1 T I I I LC IIVi7tJMI-klN1L.JC I-j LJIVIrf -A V T
a California corporation,. herein called the Company,
Insures the parties named as insured in Schedule A, the heirs, devisees, personal representatives of such insured,
or, if a_ corporation, its successors by. dissolution, merger or consolidation, against loss or damage not exceeding the amount
stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may become obligated to pay
as provided in the Conditions and Stipulations hereof, which the insured shall sustain by reason of the matters numbered
1 to 4 in Part Three of Schedule B of this policy.
CLTA -1963 SCHEDULE A STANDARD COVERAGE
Insured:
CITY OF SAN LUIS OBISPO.
Policy No: 80796 -SLO ' Consideration paid for this policy: $ 276.50 A -1
Effective date: August 22, 1968 at :30 A. M.' Amount of liability: $ 0,000.00
The estate or interest in the land described or referred to in this schedule covered by this policy is:
a fee
Title to the estate or interest. covered by this policy at the date hereof is vested in:
CI'T'Y OF SAN LUIS OBISPO,
- a municipal corporation.
The land referred to in this policy is situated in the State of California, County of San Luis Obispo
and is described as follows:
Description on Sheet Attached.
All that part of Block 10 of the City of San Luis Obispo, in the
City of San Luis Obispo, County of San Luis Obispo, State of
California, according to map filed for record May 1, 1878 in
Book A. at Page 168 of Maps, in the Office of the County Recorder
of said County, described as follows:
Beginning at a point on the Southerly line of Monterey Street in
said City, distant thereon South 530 07' West, 222 feet from the
intersection of said Southerly line of Monterey Street, with the
center line of Chorro Street and being the Northwest corner of
the property conveyed to H. M. Warden by deed dated September
12, 1894 and recorded September 13, 194 in Book 24, at Page 476
of Deeds; thence South 530 07' West along said Southerly line of
Monterey Street, 84.5 feet; thence at right angles Southeasterly
to the center of San Luis Obispo Creek; thence Northeasterly up
the center of said creek to a point in same, where a line drawn
at right angles with Monterey Street Southeasterly from the point
of beginning would intersect said center line of said creek at
said point and at the Southwesterly corner of the lot so conveyed
to H. M. Warden, as aforesaid; thence Northwesterly along the
Westerly line of said Lot to the Southerly line of Monterey Street
and the point of beginning.
P -218 -B (G.S.) (Rev. 1 -63)
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in Parts One and Two of Schedule B.
PART ONE:
1. General and special taxes for the fiscal year 1968 -69, now a lien, but not yet
due and payable.
0
,
P- 216-BB (G.S.) (Rev. 1 -63)
SCHEDULE B (Continued)
PART TWO:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by
an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct
survey would disclose, and which are not shown by the public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water
rights, claims or title to water.
PART THREE: Matters numbered 1 to 4 referred to on the first page of this Policy:
1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or
referred to in Schedule A, existing-at the date hereof, not shown or referred to in Schedule B or excluded from
coverage in Schedule B or in the Conditions and Stipulations; or
2. Unmarketability of such title; or
3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is
named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said mortgage upon
the estate or interest referred to in. this policy; or
4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedule
B, or excluded from coverage in Schedule B or in the Conditions and Stipulations, said mortgage being shown in
Schedule B in the order of its priority;
all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations hereto annexed.
In witness whereof, Security Title Insurance Company has executed this policy by its authorized officers, as of the date
set forth in .Schedule A, the effective date of this policy.
�;���ORPOHATti,'i
r O :MARCH. 5.196'2
kOMIR
Secretary f
,�il fie eeeeee esesee �_� _
An Authorized Sign ure
President
P- 218 -ST (G.S.) (Rev. 1 -63)
1. Definition of Terms
The following terms when used in this policy mean:
(a) "land ": the land described, specifically or
by reference, in Schedule A and improvements
affixed thereto which by law constitute real property;
(b) "public records ": those records which im-
part constructive notice of matters relating to said
land;
(c) "knowledge ": actual knowledge, not con-
structive knowledge or notice which may be imputed
to the Insured by reason of any public records;
(d) "date': the effective date;
(e) "mortgage ": mortgage, deed of trust, trust
deed, or other security instruments; and
(f) "insured": the party or parties named as
Insured, and if the owner of the indebtedness se-
cured by a mortgage shown in Schedule B is
named as an Insured in Schedule A, the Insured
shall include (1) each successor in interest in
ownership of such indebtedness, (2) any such
owner who acquires the estate or interest referred to
in this policy by foreclosure, trustee's sale, or other
legal manner in satisfaction of said indebtedness,
and (3) any federal agency or instrumentality
which is an insurer or guarantor under an insurance
contract or guaranty insunng or guaranteeing said
indebtedness, or any part thereof, whether named
as an Insured herein or not, subject otherwise to
the provisions hereof.
2. Benefits after Acquisition of Title
If an insured owner of the indebtedness secured
by a mortgage described in Schedule B acquires
said estate or interest, or any part thereof, by fore-
closure, trustee's sale, or other legal manner in sat-
isfaction of said indebtedness, or any part thereof,
or if a federal agency or instrumentality acquires
said estate or interest, or any part thereof, as a
consequence of an insurance contract or guaranty
insuring or guaranteeing the indebtedness secured
by a mortgage covered by this policy, or any part
thereof, this policy shall continue in force in favor
of such Insured, agency or instrumentality, subject
to all of the conditions and stipulations hereof.
9. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage
by reason of the following:
(a) Any law, ordinance or governmental regu-
lation (including but not limited to building and
zoning ordinances) restricting or regulating or pro-
hibiting the occupancy, use or enjoyment of the
land, or regulating the character, dimensions, or
location of an improvement now or hereafter
erected on said land, or prohibiting a separation in
ownership or a reduction in the dimensions or area
of any lot or parcel of land.
(b) Governmental rights of police power or emi-
nent domain unless notice of the exercise of such
rights appears in the public records at the date
hereof.
(c) Title to any property beyond the lines of the
land expressly described in Schedule A, or title to
streets, roads, avenues, lanes, ways or waterways
on which such land abuts, or the right to maintain
therein vaults, tunnels, romps or any other struc-
ture or improvement; or any rights or easements
therein unless this policy specifically provides that
such property, rights or easements are insured,
except that if the land abuts upon one or more
physically open streets or highways this policy in-
sures the ordinary rights of abutting owners for
access to one of such streets or highways, unless
otherwise excepted or excluded herein.
(d) Defects, liens, encumbrances, adverse claims
against the title as insured or other matters (1)
created, suffered, assumed or agreed to by the
Insured claiming loss or damage; or (2) known to
the Insured Claimant either at the date of this
policy or at the date such Insured Claimant ac-
quired an estate or interest insured by this policy
and not shown by the public records, unless dis-
nsur
closure thereof in writing by the Ied shall
have been made to the Company prior to the date
of this policy; or (3) resulting in no loss to the
Insured Claimant; or (4) attaching or created sub-
sequent to the date hereof.
(e) Loss or damage which would not have been
sustained if the Insured were a purchaser or encum-
brancer for value without knowledge.
4. Defense and Prosecution of Actions - Notice of
Claim to be Given by the Insured
(a) The Company, at its own cost and without
undue delay shall provide (1) for the defense of the
Insured in all litigation consisting of actions or
proceedings commenced against the Insured, or de-
fenses, restraining orders, or injunctions interposed
against a foreclosure or sale of the mortgage and
indebtedness covered by this policy or a sale of
the estate or interest in said land; or (2) for such
action as may be appropriate to establish the
title of the estate or interest or the lien of the mort-
gage as insured, which litigation or action in any of
such events is founded upon an alleged defect , lien
or encumbrance insured against by this policy, and
may pursue any litigation to final determination in
the court of last resort.
CONDMONS AND STIPULATIONS
(b) In case any such action or proceeding shall
be begun, or defense interposed, or in case knowl-
edge shall come to the Insured of any claims of title
or interest which is adverse to the title of the estate
or interest or lien of the mortgage as insured, or
which might cause loss or damage for which the
Company shall or may be liable by virtue of this
policy, or if the Insured shall in ood faith contract
to sell the indebtedness secured g by a mortgage
covered by this policy, or, if an Insured in good
faith leases or contracts to sell, lease or mortgage
the same, or if the successful bidder at a fore-
closure sale under a mortgage covered by this
policy refuses to purchase and in any such event
the title to said estate or interest is rejected as un-
marketable, the Insured shall notify the Company
thereof in writing. If such notice shall not be given
to the Company within ten days of the receipt of
process or pleadings or if the Insured shall not, in
writing, promptly notify the Company of any defect,
lien or encumbrance insured against which shall
come to the knowledge of the Insured, or if the
Insured shall not, in writing, promptly notify the
Company of any such rejection by reason of claimed
unmarketabnlity of title, then all liability of the
Company in regard to the subject matter of such
action, proceeding or matter shall cease and let -
minate; provided, however, that failure to notily
shall in no case prejudice the claim of any Insured
unless the Company shall be actually prejudiced
by such failure and then only to the extent of such
prejudice.
(c) The Company shall have the right at its own
cost to institute and prosecute any action or pro-
ceeding or do any other act which in its opinion
may be necessary or desirable to establish the title
of the estate or interest or the lien of the mortgage
as insured; and the Company may take any appro-
priate action under the terms of this policy whether
or not it shall be liable thereunder and shall not
thereby concede liability or waive any provision
of this policy.
(d) In all cases where this policy permits or
requires the Company to prosecute or provide for
the defense of any action or proceeding, the Insured
shall secure to it the right to so prosecute or pro-
vide defense in such action or proceeding, and all
appeals therein, and permit it to use, at its option,
the name of the Insured for such purpose. When-
ever requested by the Company the Insured shall
give the Company all reasonable aid in any such
action or proceeding, in effecting settlement, se-
curing evidence, obtaining witnesses, or prosecuting
or defending such action or proceeding, and the
Company shall reimburse the Insured for any ex-
pense so incurred.
S. Notice of Loss - Limitation of Action
In addition to the notices required under para-
groph 4(b), a statement in writing of any loss or
damage for which it is claimed the Company is
liable under this policy shall be furnished to the
Company within sixty days after such loss or dam-
age shall have been determined and no right of
action shall accrue to the Insured under this policy
until thirty days after such statement shall have
been furnished, and no recovery shall be had by
the Insured under this policy unless action shall
be commenced thereon within five years alter ex-
piration of said thirty day period. Failure to furnish
such statement of loss or damage, or to commence
such action within the time hereinbefore specified,
shall be a conclusive bar against maintenance by
the Insured of any action under this policy.
6. Option to Pay, Settle or Compromise Claims
The Company shall have the option to pay or
settle or compromise for or in the name of the In-
sured any claim insured against or to pay the full
amount of this policy, or, in case loss is claimed
under this policy by the owner of the indebtedness
secured by a mortgage covered by this policy, the
Compan shall have the option to purchase said
Indebtedness; such purchase, payment or tender of
payment of the full amount of this policy, together
with all costs, attorneys' fees and expenses which
the Company is obligated hereunder to pay, shall
terminate all liability of the Company hereunder. In
the event, after notice of claim has been given to
the Company by the Insured, the Company offers to
purchase said indebtedness, the owner of such in-
debtedness shall transfer and assign said indebted-
ness and the mortgage securing the same to the
Company upon payment of the purchase price.
T. Payment of Loss
(a) The liability of the Company under this pol-
icy shall in no case exceed, in all, the actual loss
of the Insured and costs and attorneys' fees which
the Company may be obligated hereunder to pay.
(b) The Company will pay, in addition to any
loss insured against by this policy, all costs imposed
upon the Insured in litigation carried on by the
Company for the Insured, and all costs and attor-
neys lees in litigation carried on by the Insured
with the written authorization of the Company.
(c) No claim for damages shall arise or be
maintainable under this policy (1) if the Company,
after having received notice of an alleged defect,
lien or encumbrance not excepted or excluded here-
in removes such defect, lien or encumbrance within
a - reasonable time after receipt of such notice, or
(2) for liability voluntarily assumed by the Insured
in settling any claim or suit without written consent
of the Company, or (3) in the event the title is re-
jected as unmarketable because of a defect, lien
or encumbrance not excepted or excluded in this
golicy, until there has been a final determination
y a court of competent jurisdiction sustaining such
rejection.
(d) All payments under this policy, except pay-
ments made for costs, attorneys' fees and expenses,
shall reduce the amount of the insurance pro tanto
and no payment shall be made without. producing
this policy for endorsement of such payment unless
the policy be lost or destroyed, in which case proof
of such loss or destruction shall be furnished to the
satisfaction of the Company; provided, however, if
the owner of an indebtedness secured by a mort-
gage shown in Schedule B is an Insured herein then
such payments shall not reduce pro tanto the
amount of the insurance afforded hereunder as to
such Insured, except to the extent that such pay-
ments reduce the amount of the indebtedness se-
cured by such mortgage. Payment in full by any
parson or voluntary satisfaction or release by the
Insured of a mortgage covered by this policy shall
terminate all liability of the Company to the insured
owner of the indebtedness secured by such mort-
gage, except as provided in paragraph 2 hereof.
(e) When liability has been definitely fixed in
accordance with the conditions . of this policy the
loss or damage shall be payable within thirty' days
thereafter.
S. Liability Noncumulative
It is expressly understood that the amount of this
policy is reduced by any amount the Company may
pay under any policy insuring the validity or pri-
ority of any mortgage shown or referred to in
Schedule B hereof or any mortgage hereafter ex-
ecuted by the Insured which is a charge or lien on
the estate or interest described or referred to in
Schedule A. and the amount so paid shall be
deemed a payment to the Insured under this policy.
The provisions of this paragraph numbered 8 shall
not applyy to an Insured owner of an indebtedness
secured by a mortgage shown in Schedule B unless
such Insured acquires title to said estate or interest
in satisfaction of said indebtedness or any part
thereof.
9. Subrogation upon Payment or Settlement
Whenever the Company shall have settled a claim
under this policy, all right of subrogation shall vest
in the Company unaffected by any act of the In-
sured, and it shall be subrogated to and be en-
titled to all rights and remedies which the Insured
would have had a ainst any person or property in
respect to such claim had this policy not been
issued. If the payment does not cover the loss of the
Insured, the Company shall be subrogated to such
rights and remedies in the proportion which said
payment bears to the amount of said loss. If loss
should result from any act of the Insured, such act
shall not void this policy, but the Company, in that
event,- shall be required to pay only that part of
any losses insured against hereunder which shall
exceed the amount, if any, lost to the Company by
reason of the impairment of the right of subrogation.
The Insured, if requested by the Company, shall
transfer to the Company all rights and remedies
against any person or property necessary in order
to perfect such right of subrogation, and shall per-
mit the Company to use the name of the Insured in
any transaction or litigation involving such rights
or remedies.
If the Insured is the owner of the indebtedness
secured by a mortgage covered by this policy, such
Insured may release or substitute the personal
liability of any debtor or guarantor, or extend or
otherwise modify the terms of payment, or release
a portion of the estate or interest from the lien of
the mortgage, or release any collateral security for
the indebtedness, provided such act does not result
in any loss of priority of the lien of the mortgage.
10. Policy Entire Contract
Any action or actions or rights of action that the
Insured may have or may bring against the Com-
pany arising out of the status of the lien of the
mortgage covered by this policy or the title of the
estate or interest insured herein must be based on
the provisions of this policy.
No provision or condition of this policy can be
waived or changed except by writing endorsed
hereon or attached hereto signed by the President,
a Vice President, the Secretary, an Assistant
Secretary or other validating officer of the Company.
11. Notices, Where Sent
All notices required to be given the Company
and any statement in writing required to be turn -
isheii the Company shall be addressed to it at the
office which issued this policy.
12. THE FEE SPECIFIED ON THE FACE OF THIS
POLICY IS THE TOTAL FEE FOR TITLE SEARCH
AND EXAMINATION AND FOR TITLE INSURANCE.
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Y any loss occurring by reason of reliance thereon.-
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