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RE: Buying a house - 10/19/2011 11:21:42 AM   
servantforuse


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I would never buy a house with a friend. If I were to do so I would consult an attorney to protect your down payment. Way to many things can go wrong.

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RE: Buying a house - 10/19/2011 11:39:45 AM   
Iamsemisweet


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LOL.  I actually backed out of a house deal one time because the covenants wouldn't let me have enough animals!  I had four, the covenants said you could only have four animals total.  Different strokes, right?  Anyway, it is important to know what you can and cannot do.  It eliminates a lot of future unpleasantness with the neighbors if everyone knows and follows the rules. 
quote:

ORIGINAL: LafayetteLady


quote:

ORIGINAL: Iamsemisweet

Be sure and carefully review any private covenants that might affect the property. Subdivisions will often have additional rules and regulations that have to be followed. These can include things like no outside RV storage, or limits on the number of pets you can have, as well as a number of other things. If you are looking at rural property, find out if it is served by a private road and how responsibility for repair and maintenance is allocated and handled.


Good suggestion. Some of the houses are in "communities" I know since they list fees. I try and stay away from them. Even the rural areas around here are on public roads.

I like the idea of limiting pets and not having Sandford and Son for a neighbor! After spending four months in a house with 20 animals, I don't want neighbors with dogs, unless they are mute!


_____________________________

Alice: But I don't want to go among mad people.
The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
Alice: How do you know I'm mad?
The Cat: You must be. Or you wouldn't have come here.

(in reply to LafayetteLady)
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RE: Buying a house - 10/19/2011 1:37:22 PM   
LafayetteLady


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I don't particiluarly believe in those "covenants" in those "communities." People telling you what color to paint your door, what you can have in your yard, blah blah. Most towns have regulations about how many pets a person can own. I know in Bayhead, NJ, they are limited to four dogs. Given the proximity of the houses there, it makes sense. With the other stuff, you end up paying a fee and get nothing for it. Unless of course you go the condo route. Then snow removal and law care are part of the fee.

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RE: Buying a house - 10/19/2011 4:56:58 PM   
roscho


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I just thought of something... Probably goes without saying, but make certain there is clear property lines. I've heard stories where the documented property lines came from an inaccurate survey and a neighbor had a new survey done and the homeowner had to actually tear down a garage because it was a few inches over the line *the new line. Occasionally there can also be easements that you'd want to know about. That is hopefully covered in the title search stuff (I am not even close to well informed on this topic ). Probably not an issue in most cases, just throwing things at the wall.




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RE: Buying a house - 10/19/2011 11:08:51 PM   
Iamsemisweet


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They can be a blessing as well as a curse. That is why it is important to know what the covenants are before you buy
Most towns do have regulations about pets. I was thinking you were looking for rural property. I live in an area where animals are not regulated, since I am way out of townqq
quote:

ORIGINAL: LafayetteLady

I don't particiluarly believe in those "covenants" in those "communities." People telling you what color to paint your door, what you can have in your yard, blah blah. Most towns have regulations about how many pets a person can own. I know in Bayhead, NJ, they are limited to four dogs. Given the proximity of the houses there, it makes sense. With the other stuff, you end up paying a fee and get nothing for it. Unless of course you go the condo route. Then snow removal and law care are part of the fee.


_____________________________

Alice: But I don't want to go among mad people.
The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
Alice: How do you know I'm mad?
The Cat: You must be. Or you wouldn't have come here.

(in reply to LafayetteLady)
Profile   Post #: 45
RE: Buying a house - 10/20/2011 1:01:36 AM   
LafayetteLady


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If I remember my real estate law correctly (which is highly questionable, only thing I hated more was corporate, lol), wouldn't the realtor make mention of any covenants or easements when showing the house?

Our two top picks, although in a rural area, are actually not far outside of town. One boasts that it is within walking distance to everything that town has to offer. We google earthed it and found a pancake house, a restaurant and a closed gas station!

We would love to find something with more land, and have found things in our price range, just not in our tax range.

I'm alternately excited and scared, often at the same time! It is making me crazy and I haven't even seen a single house in person yet. I look around "D's" house and think about what needs to be packed here and how to get him to throw shit out. My stuff is all packed and stored in three places in two different counties, which is a nightmare of its own, lol. On the bright side, when I unpack my things, it will be like it is all new again! I can't wait to find a place and sleep in my own bed again.

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RE: Buying a house - 10/20/2011 4:52:32 AM   
Iamsemisweet


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I feel for you about moving. I have lived in the same house for 15 years, at least in part because I hate to move. My time is coming, though, I have committed to moving next October. I am already dreading trying to pack all my shit. On the other hand, it is a great chance to go through your stuff and get rid of things you don't need.

The laws vary from state to state, so I don't know if there is a requirement that the realtor or seller tell you about covenants. If nothing else, thentitle report that you should get as part of the process before closing should disclosed them, and provide a copy.
quote:

ORIGINAL: LafayetteLady

If I remember my real estate law correctly (which is highly questionable, only thing I hated more was corporate, lol), wouldn't the realtor make mention of any covenants or easements when showing the house?

Our two top picks, although in a rural area, are actually not far outside of town. One boasts that it is within walking distance to everything that town has to offer. We google earthed it and found a pancake house, a restaurant and a closed gas station!

We would love to find something with more land, and have found things in our price range, just not in our tax range.

I'm alternately excited and scared, often at the same time! It is making me crazy and I haven't even seen a single house in person yet. I look around "D's" house and think about what needs to be packed here and how to get him to throw shit out. My stuff is all packed and stored in three places in two different counties, which is a nightmare of its own, lol. On the bright side, when I unpack my things, it will be like it is all new again! I can't wait to find a place and sleep in my own bed again.


_____________________________

Alice: But I don't want to go among mad people.
The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
Alice: How do you know I'm mad?
The Cat: You must be. Or you wouldn't have come here.

(in reply to LafayetteLady)
Profile   Post #: 47
RE: Buying a house - 10/20/2011 6:39:28 AM   
tj444


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quote:

ORIGINAL: LafayetteLady
If I remember my real estate law correctly (which is highly questionable, only thing I hated more was corporate, lol), wouldn't the realtor make mention of any covenants or easements when showing the house?

Do not assume anything about realtors and what they should tell you (they may not know or have relied on wrong info). If something is important to you then contact the proper authority to verify, verify, verify (preferably in writing).

I had to sue a realtor for fraudulent misrepresentation so I learned that the hard way. If the realtor gives you incorrect info, it is you are putting out the money and mistakes can be very costly to you, lawsuits take time and also money to hire the lawyer with no guarantee you will win and recoup all of it. Its really just so much easier to do a little leg work and verify what is important to you.

_____________________________

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RE: Buying a house - 10/20/2011 10:17:52 AM   
Hillwilliam


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I sent this to the OP on the other side but it's important to everyone. Check to see if the property requires flood insurance. Being near a creek, river or lake is pretty but is it worth possibly hundreds more in monthly payments?

Also, not all flood zones are near bodies of water. I once sold a house that was on a hilltop and the lender required flood insurance because several hundred feet from the house and 50+ feet lower in elevation was a 500 year flood zone because of local drainage. Even with the local FEMA head writing a letter telling the lender that the house wasn't affected, they still required it as a company policy.

I no longer do business with that lender and my buyer refinanced within a coupla months.

Check with your lender for their flood insurance requirements. Some will tell you that the law requires flood insurance if any part of the lot is in a flood zone (kinda stupid if you're buying 20 acres with a creek 200 yards from the house and 100' in elevation below). That is bullshit and I have told several loan officers that. When confronted, they will finally admit that it is "company Policy". Flood insurance is a requirement if any part of the DWELLING AREA is at or below the elevation of the 100 year flood plain.

Homeowners insurance will not pay for flood damage due to rising water. A word to the wise. If you are required to purchase flood insurance, buy it from the same company as your homeowners insurance. That way if, God forbid, you have flood/storm damage, you won't have to deal with 2 companies squabbling over who owes you what to repair your house because I guarantee YOU will be the one that gets screwed when that happens.

_____________________________

Kinkier than a cheap garden hose.

Whoever said "Religion is the opiate of the masses" never heard Right Wing talk radio.

Don't blame me, I voted for Gary Johnson.

(in reply to tj444)
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RE: Buying a house - 10/20/2011 10:49:56 AM   
outlier


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quote:

ORIGINAL: LafayetteLady


quote:

ORIGINAL: Iamsemisweet

If you are buying a house with a friend, make sure you have a written co tenancy or co ownership agreement with that person, discussing who is responsible for what, how your relative interests in the house are determined, and what the process for dispute resolution is if it all goes terribly wrong.  Make sure the agreement is done in accordance with the laws of your state.  Also, take into consideration what happens to the house if something happens to one of you, like one of you dies or is unable to hold up their end of the bargain.  Talk to a real estate lawyer in your state.
I know, I know, nothing will go wrong.  It is going to be just great.  But, you asked about things you should think about, and that is my answer, based on being involved in about three disputes between co owners in the last year.  Profitable (for me) but nasty.  


We have already discussed the tenency issues. Should either of us die, the other gets the house. He has no family and my son is the type that would try to take the house from him. I don't want that.

I know what you mean about when things go wrong. Been there with a family estate. That's one of the reasons we are looking for a house that has enough space. "D" does a lot of modeling (you know, like building scale cars and stuff) and he needs a space just for that, because it isn't going to dominate the living room like it does in his house now. The guy really doesn't have a mean bone in his body and should be more worried about what I might do, lol. In any case, we talked about it for quite a while and with my health, this is the best option for me since when I get sick (not even an "if" anymore), there is someone who will take care of me. (emphasis added)

With the market the way it is, the price point we are looking at with the down payment is going to give us a mortgage of maybe $500.00 a month (with taxes and insurance). He is on permanent disability, and I'm about to be, so the affordability will be relatively easy. That's why we have concluded that now is the best time to do this.

We are going to have to have a discussion about the fact that I'm putting the whole down payment in, and he is bringing the good credit, but until we find something, I'm not going to go there.


I know nothing about the law.  However I was the person to take care of my woman during here
fight with cancer.  So I believe that the part I put in bold above should be addressed NOW!

I think that the structure of how you and your partner take title will become critical if/when either
of you becomes ill.  If you are on record as owning property the medical providers can and will
come after it to satisfy any debts. 

I was listening to NPR yesterday and they had a program on about long term care and people
losing all their assets. 

I think any time and or money put into structuring taking the title in the "safest" way would be
time and money well spent.  I hope you enjoy your new home for a long, long time.


_____________________________

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"A happy sex life may take years to achieve, but it’s worth it in the long run.
Worth the time, the thought - or rather, the thoughtfulness - and, often,
the waiting." Pete Seeger

(in reply to LafayetteLady)
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RE: Buying a house - 10/20/2011 5:38:18 PM   
roscho


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quote:

ORIGINAL: tj444

quote:

ORIGINAL: LafayetteLady
If I remember my real estate law correctly (which is highly questionable, only thing I hated more was corporate, lol), wouldn't the realtor make mention of any covenants or easements when showing the house?

Do not assume anything about realtors and what they should tell you (they may not know or have relied on wrong info). If something is important to you then contact the proper authority to verify, verify, verify (preferably in writing).

I had to sue a realtor for fraudulent misrepresentation so I learned that the hard way. If the realtor gives you incorrect info, it is you are putting out the money and mistakes can be very costly to you, lawsuits take time and also money to hire the lawyer with no guarantee you will win and recoup all of it. Its really just so much easier to do a little leg work and verify what is important to you.



Yup... I too had to sue a realtor, which was a pain - I mean I'm already moving, trying to sell a house, trying to buy a house, now on top of that I have to sue my agent.

I got a pretty good attorney that went after his broker and it settled fairly quickly, but it took bandwidth out of my mind - and I have little to spare...




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RE: Buying a house - 10/20/2011 6:40:09 PM   
tj444


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quote:

ORIGINAL: roscho
Yup... I too had to sue a realtor, which was a pain - I mean I'm already moving, trying to sell a house, trying to buy a house, now on top of that I have to sue my agent.

I got a pretty good attorney that went after his broker and it settled fairly quickly, but it took bandwidth out of my mind - and I have little to spare...




I forgo a small part of what i could have claimed and went thru small claims court (where i lived at the time the max was $15,000) so i did it myself. It went to court and then before the second day of trial they settled with me. The realtor was such a liar that he lied to his own lawyer and man, she was fuming mad when that came out at trial. Him lying to her is probably why it went to trial, she thought she had a good defence and she had squat.. Representing yourself tho is not an easy task. I sued a lawyer too for negligence and won (represented myself), he was a real piece of work too...

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RE: Buying a house - 10/20/2011 6:58:52 PM   
roscho


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Yup Yup Yup....

My realtor lied to me. Then lied to his broker when I tried to settle on my own. Then when I retained a locally competent RE attorney, the broker settled.

Used car salesmen are gentle people compared to RE Agents.


Edit**** This was in 1997 - When RE agents were ROLLING in cash... so it goes more to the mentality of the industry than a sign of the times.

< Message edited by roscho -- 10/20/2011 7:00:43 PM >

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RE: Buying a house - 10/20/2011 10:02:45 PM   
Iamsemisweet


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I have sued a few realtors in my day, too.
I do have to say though, I don't bash realtors like I used too. 6 years ago, any idiot who could afford the license was becoming either a realtor or a mortgage broker, especially in Oregon and Washington. The market was so white hot that anyone could make money. The bad ones are now gone, the housing crash weeded them out. The ones that are left are the ones who are really good at it, and know what they are doing. Otherwise, they would be out of business, like the losers. I also think having a realtor is essential if you are doing a short sale.

_____________________________

Alice: But I don't want to go among mad people.
The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
Alice: How do you know I'm mad?
The Cat: You must be. Or you wouldn't have come here.

(in reply to roscho)
Profile   Post #: 54
RE: Buying a house - 10/20/2011 10:06:16 PM   
roscho


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quote:

ORIGINAL: Iamsemisweet

I have sued a few realtors in my day, too.
I do have to say though, I don't bash realtors like I used too. 6 years ago, any idiot who could afford the license was becoming either a realtor or a mortgage broker, especially in Oregon and Washington. The market was so white hot that anyone could make money. The bad ones are now gone, the housing crash weeded them out. The ones that are left are the ones who are really good at it, and know what they are doing. Otherwise, they would be out of business, like the losers. I also think having a realtor is essential if you are doing a short sale.



To say that tougher times have weeded out the bad ones is nonsensical. Tough times most often weed out the good ones, that aren't willing to sell their soul.

EDIT - A realtor is essential if you are doing a short sale? OMG. A realtor can not help you in a short sale. A short sale is the worst RE decision that a person can make. The bank must be managed minute by minute to get one done, and even still it takes many months. Anybody that goes into a short sale relying on an agent to help you is severely misguided.

< Message edited by roscho -- 10/20/2011 10:10:01 PM >

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RE: Buying a house - 10/20/2011 10:21:15 PM   
Iamsemisweet


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Whatever you say, roscho. I work with lots of realtors, and I am heavily involved in foreclosures and real estate transactions in my state. I see lots and lots of short sales that are very beneficial to all the parties. I don't think they are possible without a realtor with good contacts, bottom line. Sellers don't have the knowledge to do it themselves, and most sellers can't afford to hire an attorney to sit on the phone with the bank. The majority of those save your house businesses are a scam. Truthfully, iI am pretty impressed with the realtors that are left. The really, really bad ones are gone. The ones that are left aren't selling their soul, they are keeping the market moving.
So that is my pedigree, what's yours? What makes you an expert?

I actually am laughing that I am defending realtors, five years ago I would have said the lot of them weren't worth the powder it would take to blow them to hell. Things have changed.

_____________________________

Alice: But I don't want to go among mad people.
The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
Alice: How do you know I'm mad?
The Cat: You must be. Or you wouldn't have come here.

(in reply to roscho)
Profile   Post #: 56
RE: Buying a house - 10/20/2011 10:28:23 PM   
tj444


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quote:

ORIGINAL: Iamsemisweet
I have sued a few realtors in my day, too.
I do have to say though, I don't bash realtors like I used too. 6 years ago, any idiot who could afford the license was becoming either a realtor or a mortgage broker, especially in Oregon and Washington. The market was so white hot that anyone could make money. The bad ones are now gone, the housing crash weeded them out. The ones that are left are the ones who are really good at it, and know what they are doing. Otherwise, they would be out of business, like the losers. I also think having a realtor is essential if you are doing a short sale.

well, my thing happened many years ago, the market was was only so-so. The realtor that lied to me lost his license for 3 years due to ripping someone else off (that guy filed a complaint with the govt and sued). The office he worked for got shut down and they were so slimy that they had some homeless guy listed as the director of the company so when the govt stepped in, the real owners got away with it. So then the realtos son got his license and no doubt daddy ran all his deals thru the son. After his 3 years was over, he took tests again and got his license back. He was getting a lot of business from immigrants so he had business. If you have a stream of people that dont know the local laws, its a lot easier to think you can get away with anything you want. I am sure he is still at it, just a little more careful about who he lies to and to cover his tracks..

I just verify everything thats important to me now.

I have read about short sale fraud/scams where there is a "buyer" that gives a very low offer and the listing realtor (who is in on it) presents only that offer and keeps other potential buyers away, then they flip it and sell it for what it should have sold for in the first place (possibly to the same buyers the realtor kept away)... So, there are still scammy realtors out there...

_____________________________

As Anderson Cooper said “If he (Trump) took a dump on his desk, you would defend it”

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RE: Buying a house - 10/20/2011 10:33:49 PM   
roscho


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Whatever you say iamsemisweet.

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RE: Buying a house - 10/20/2011 10:49:18 PM   
Iamsemisweet


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From: The Great Northwest, USA
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Ok, here is what I am talking about.
About 10 years ago I successfully sued a realtor and his broker who had completely fucked up the transaction , and caused my client to lose a ton of money. The sale was lost, it was terrible. On top of that, when we tried to collect the judgment, we found out the realtor had stolen and spent the earnest money. They had done everything wrong. The broker tried to evade collection, of course, the lowlife, but we got some money out of him. My collection efforts stopped when one day the broker was driving down the street and stopped at a stop sign. The guy in the car next to him jumped out and killed the broker with a machete. Another sale gone wrong, I guess.
Here's another story from about 15 years ago. I represented a couple who bought a house that had no water. The seller tried to disclose that, but because they were so fucking incompetent, the disclosure never was given to my client.

Finally, I spent years counseling people on how to sell their own home, because I thought realtors were completely unnecessary when the market was hot. I encourage people, especially people who are underwater in their houses to hire realtors now.. My attitude, and the market has changed.

I could go on and on. Anyone could who could fog a mirror and make an "x" was becoming a realtor, or a mortgage broker 10 years ago. The stupid, incompetent, dumb ass ones are gone. Sure, there will always be scammers, but there is even less of them than there was 3 years ago. Law enforcement is coming hard after them. The realtors I meet now are the serious ones, not the dabblers, they are good marketers and they have systems in place to be efficient. The quality in my market has improved. I don't know about other markets.

< Message edited by Iamsemisweet -- 10/20/2011 10:50:38 PM >


_____________________________

Alice: But I don't want to go among mad people.
The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
Alice: How do you know I'm mad?
The Cat: You must be. Or you wouldn't have come here.

(in reply to tj444)
Profile   Post #: 59
RE: Buying a house - 10/21/2011 6:19:15 AM   
Hillwilliam


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Joined: 8/27/2008
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quote:

ORIGINAL: roscho

quote:

ORIGINAL: Iamsemisweet

I have sued a few realtors in my day, too.
I do have to say though, I don't bash realtors like I used too. 6 years ago, any idiot who could afford the license was becoming either a realtor or a mortgage broker, especially in Oregon and Washington. The market was so white hot that anyone could make money. The bad ones are now gone, the housing crash weeded them out. The ones that are left are the ones who are really good at it, and know what they are doing. Otherwise, they would be out of business, like the losers. I also think having a realtor is essential if you are doing a short sale.



To say that tougher times have weeded out the bad ones is nonsensical. Tough times most often weed out the good ones, that aren't willing to sell their soul.

EDIT - A realtor is essential if you are doing a short sale? OMG. A realtor can not help you in a short sale. A short sale is the worst RE decision that a person can make. The bank must be managed minute by minute to get one done, and even still it takes many months. Anybody that goes into a short sale relying on an agent to help you is severely misguided.

Ive closed short sales in 6 weeks from contract to deed signing. It's all in getting the bank to commit to taking a certain price BEFORE anyone writes the offer.
Most agents do it Bass Ackwards. They get an offer and then try to ask the bank to take it. I get the bank to commit to the sale before I even get the listing signed.

_____________________________

Kinkier than a cheap garden hose.

Whoever said "Religion is the opiate of the masses" never heard Right Wing talk radio.

Don't blame me, I voted for Gary Johnson.

(in reply to roscho)
Profile   Post #: 60
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