About

The Mortgage Lending Institute—the definitive real estate finance course of the year—continues the tradition of David Weatherbie's two-part Case Law Update, and features:

  • Jim Wallenstein on Negotiating Non-Recourse Carve-Outs in Light of Recent Court Decisions

  • The new world of mortgage lending regulation

  • Electronic Contracting: Doing a Deal Deliberately (or Inadvertently) by Email

  • Professional duties under law of agency for lawyers and brokers

  • Brian Rider and Rick Spencer's Hot Topics panel
Mortgage Lending is offered in conjunction with the 2012 Bernard O. Dow Leasing Institute. Come a day early – in Dallas and Austin – for the ultimate three-day real estate, finance and leasing offering.

Event Schedule

  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning
    Presiding Officers:
    In Dallas: David W. Tomek, David Tomek PLLC - Dallas, TX
    In Austin: David A. Weatherbie, Cramer Weatherbie Richardson Walker LLP - Dallas, TX
  • 8:00 am
    Registration Opens

    Includes continental breakfast.
  • 8:50 am
    Welcoming Remarks

  • 9:00 am
    0.75 hr
    0.25 hr ethics
    Case Law Update, Part I

    In Dallas:
    David A. Weatherbie, Cramer Weatherbie Richardson Walker LLP - Dallas, TX
    In Austin:
    David A. Weatherbie, Cramer Weatherbie Richardson Walker LLP - Dallas, TX

    A selection of cases covering a number of topics related to mortgage lending and real estate including foreclosures, loan agreements, guaranties, leases, conveyances and more.
  • 9:45 am
    0.50 hr
    What We Really Meant to Say

    In Dallas:
    Lorin Williams Combs, Winstead PC - Dallas, TX
    Jeffrey Warren Matthews, Winstead PC - Dallas, TX
    In Austin:
    Lorin Williams Combs, Winstead PC - Dallas, TX
    Jeffrey Warren Matthews, Winstead PC - Dallas, TX

    Revising the Texas Assignment of Rents in light of Chapter 64 of the Texas Property Code.
  • 10:15 am
    Dallas Only
    Break

  • 10:30 am
    0.75 hr
    Negotiating Non-Recourse Carve-Outs in Light of Recent Court Decisions

    In Dallas:
    James H. Wallenstein, Glast, Phillips & Murray - Dallas, TX
    In Austin:
    James H. Wallenstein, Glast, Phillips & Murray - Dallas, TX

    Recent court decisions have brought into question whether borrowers and their guarantors can feel comfortable with the language in loan documents that lenders propose when the bargain made by the business parties is for a so-called non-recourse mortgage loan. This presentation reviews the recent cases and proposes language for mortgage loan documents that will remove some of the exposure-prone provisions (sometimes referred to as "gotchas") while at the same time keeping the legitimate protections that lenders need in non-recourse loans.
  • 11:15 am
    0.75 hr ethics
    Professional Duties under Law of Agency: A Comparison of Duties for Lawyers and Brokers

    In Dallas:
    Rick M. Albers, Kuperman, Orr & Albers, P.C. - Austin, TX
    Michael Brian Johnson, Thompson, Coe, Cousins & Irons, LLP - Austin, TX
    In Austin:
    Rick M. Albers, Kuperman, Orr & Albers, P.C. - Austin, TX
    Michael Brian Johnson, Thompson, Coe, Cousins & Irons, LLP - Austin, TX

    A comparison of the ethical and legal duties of lawyers and brokers to their clients under agency law.
  • 12:00 pm
    Dallas Only
    Break for Lunch

    DALLAS: Networking Lunch at Belo Mansion
    AUSTIN: Lunch on Your Own
  • Thursday Afternoon
    Presiding Officers:
    In Dallas: Philip D. Weller, DLA Piper US LLP - Dallas, TX
    In Austin: Janna R. Melton, Attorney at Law - Austin, TX
  • 1:15 pm
    0.75 hr
    Alternative Dispositions of Troubled Loans from the Loan Servicer Perspective

    In Dallas:
    Kyle B. Beaty, Winstead PC - Dallas, TX
    In Austin:
    Kyle B. Beaty, Winstead PC - Dallas, TX

    A review of alternatives servicers utilize in dealing with troubled loans including modifications, discounted payoffs, foreclosures, note sales, deeds-in-lieu and other resolutions. Learn how these alternative resolution strategies are evaluated and analyzed by the loan servicer, with an analysis of legal issues bearing upon the same.
  • 2:00 pm
    0.50 hr
    The Loan Sale: Lessons from the Battlefield

    In Dallas:
    Courtney Davis Bristow, Winstead PC - Dallas, TX
    In Austin:
    Courtney Davis Bristow, Winstead PC - Dallas, TX

    War stories from lender and buyer perspectives: from the process and legal issues involved in selling a loan to what to do with a newly acquired loan.
  • 2:30 pm
    0.50 hr
    After the Foreclosure: Issues Faced by the Buyer

    In Dallas:
    Sara E. Dysart, Attorney at Law - San Antonio, TX
    In Austin:
    Sara E. Dysart, Attorney at Law - San Antonio, TX

    The buyer at a foreclosure sale takes title "as is." What this means and what issues should be anticipated and addressed, including status of title, challenges by the borrower, condition of the property and third-party rights.
  • 3:00 pm
    Dallas Only
    Break

  • 3:15 pm
    0.50 hr
    Protecting the Lender on the Sale of REO

    In Dallas:
    Kathryn E. Allen, Graves Dougherty Hearon & Moody - Austin, TX
    D. Michael Baucum, Baucum Steed Barker - San Antonio, TX
    In Austin:
    Kathryn E. Allen, Graves Dougherty Hearon & Moody - Austin, TX
    D. Michael Baucum, Baucum Steed Barker - San Antonio, TX

    Brief survey of "as is" case law and ideas to protect a lender who is selling property obtained by foreclosure.
  • 3:45 pm
    0.50 hr
    Electronic Contracting: Doing a Deal Deliberately (or Inadvertently) by Email

    In Dallas:
    Kevin M. Kerr, Attorney at Law - Dallas, TX
    Matthew Meguire Sanderson, Looper Reed & McGraw, P.C. - Dallas, TX
    In Austin:
    Kevin M. Kerr, Attorney at Law - Dallas, TX
    Matthew Meguire Sanderson, Looper Reed & McGraw, P.C. - Dallas, TX

    These days, clients (and attorneys) can inadvertently enter into a binding contract by email. The presentation provides an overview of the Texas Electronic Transactions Act, with highlights of cases interpreting the ETA. It also includes an introduction on the use of a third-party service to facilitate e-contracts—eliminating the need and cost of paper files!
  • 4:15 pm
    0.50 hr
    Changes and Challenges under CMBS 3.0

    In Dallas:
    Patrick C. Sargent, Andrews Kurth LLP - Dallas, TX
    In Austin:
    Patrick C. Sargent, Andrews Kurth LLP - Dallas, TX

    This session examines how commercial mortgage backed securities (CMBS) have evolved through the economic crisis and what lenders and borrowers can expect in loans being originated for securitization exit. Underwriting issues and structure enhancements, recent case law impacting guarantors, macroeconomic factors and regulatory limbo provide fodder for discussion.
  • 4:45 pm
    0.50 hr
    Financial Covenants for Commercial Real Estate Lending Transactions

    In Dallas:
    Niles Wesley Holmes, Niles Holmes, P.C. - Dallas, TX
    In Austin:
    Niles Wesley Holmes, Niles Holmes, P.C. - Dallas, TX

    Questions and concerns related to financial covenants with drafting suggestions to resolve those document deficiencies that arose during the recent workout cycle.
  • 5:15 pm
    Dallas Only
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning
    Presiding Officers:
    In Dallas: Brian C. Rider, The University of Texas School of Law - Austin, TX
    In Austin: Brian C. Rider, The University of Texas School of Law - Austin, TX
  • 8:00 am
    Conference Room Opens

    Includes continental breakfast.
  • 9:00 am
    0.75 hr
    0.25 hr ethics
    Case Law Update, Part II

    In Dallas:
    David A. Weatherbie, Cramer Weatherbie Richardson Walker LLP - Dallas, TX
    In Austin:
    David A. Weatherbie, Cramer Weatherbie Richardson Walker LLP - Dallas, TX

    A continuation of the Case Law Update.
  • 9:45 am
    0.67 hr
    Sample Debt and Equity Terms for Multi-Family Financing

    In Dallas:
    J. Cary Barton, Barton, East & Caldwell, P.L.L.C. - San Antonio, TX
    In Austin:
    J. Cary Barton, Barton, East & Caldwell, P.L.L.C. - San Antonio, TX

    A survey of terms currently being offered with respect to construction financing and investor equity obtained for new conventional multi-family rental housing developments.
  • 10:25 am
    Break

  • 10:40 am
    0.50 hr
    Old as Dirt Meets Jedi Knights: Mutual-Assured Destruction, a Clear Winner, or Both?

    In Dallas:
    Keith H. Mullen, Winstead PC - Dallas, TX
    In Austin:
    Keith H. Mullen, Winstead PC - Dallas, TX

    A quick survey of tech topics or tools ignored in our loan documents, underutilized on our desktops and about to explode in hands (tablets and smartphones). This session covers tips and resources for taking the tech attack safely to the ground—with a quick view of "where" it is taking us.
  • 11:10 am
    0.50 hr
    The New World of Mortgage Regulation: A Look Back, a Look Around and a Look Forward

    In Dallas:
    Barry D. Johnson, SettlePou - Dallas, TX
    In Austin:
    Barry D. Johnson, SettlePou - Dallas, TX

    This presentation focuses on the substantial rewriting of the Truth in Lending and RESPA regulations by the Consumer Financial Protection Bureau. Regulations regarding underwriting for the consumer's ability to repay, the new unified loan disclosures and risk retention for loan sales are discussed together with the impact of these changes on the residential loan documentation and closing process.
  • 11:40 am
    0.75 hr
    What Do the Attorney General's and OCC Settlements Mean for Law Firms, Lenders, Mortgage Bankers and Servicers?

    In Dallas:
    Tommy Bastian, Barrett Daffin Frappier Turner & Engel, LLP - Addison, TX
    Chris Alexander Peirson, Attorney at Law - Dallas, TX
    In Austin:
    Tommy Bastian, Barrett Daffin Frappier Turner & Engel, LLP - Addison, TX
    Chris Alexander Peirson, Attorney at Law - Dallas, TX

    An overview of how residential loan originations and mortgage servicing practices are going to dramatically change the "down-in-the-trenches" operations of medium and smaller size law firms, lenders, mortgage bankers and mortgage servicers.
  • 12:25 pm
    Break for Buffet Lunch

    Included in conference registration fee.
  • Friday Afternoon
    Presiding Officers:
    In Dallas: Brian C. Rider, The University of Texas School of Law - Austin, TX
    In Austin: Brian C. Rider, The University of Texas School of Law - Austin, TX
  • Luncheon Presentation

  • 12:45 pm
    0.75 hr
    State of the Real Estate Market

    In Dallas:
    Joseph D. Cahoon, The University of Texas McCombs School of Business Real Estate Finance and Investment Center - Austin, TX
    In Austin:
    Jay C. Hartzell, The University of Texas McCombs School of Business Real Estate Finance and Investment Center - Austin, TX

    An overview of the current state of the real estate capital markets.
  • 1:30 pm
    Break

  • 1:45 pm
    0.75 hr
    Hot Topics

    In Dallas:
    Brian C. Rider, The University of Texas School of Law - Austin, TX
    Richard L. Spencer, Johnson Deluca Kurisky & Gould, P.C. - Houston, TX
    In Austin:
    Brian C. Rider, The University of Texas School of Law - Austin, TX
    Richard L. Spencer, Johnson Deluca Kurisky & Gould, P.C. - Houston, TX

    A discussion of recent developments and hot topics in mortgage lending.
  • 2:30 pm
    0.75 hr
    Dealing with Severed Mineral Interests: The Horses Are out of the Barn—Corral Them, Ride Them, or Be Trampled by Them?

    In Dallas:
    Terry I. Cross, McClure & Cross LLP - Dallas, TX
    In Austin:
    Terry I. Cross, McClure & Cross LLP - Dallas, TX

    A quick tour from the basics of mineral and water law for service developers and their lawyers and lenders to new issues in mineral rights law including title insurance limitations, Rule 76, pipeline conundrums, drilling ordinances and their limitations, Lesley v. VLB and its impact on subdivisions, fracking, and more.
  • 3:15 pm
    0.75 hr ethics
    Ethics of Negotiation: Are There Any?

    In Dallas:
    Michael J. Golden, Boulette & Golden L.L.P. - Austin, TX
    In Austin:
    Jason Boulette, Boulette & Golden L.L.P. - Austin, TX

    What are the boundaries, borders and gray areas for lawyers involved in negotiations? A fast-paced presentation with points to ponder, hypotheticals to consider and something to smile about.
  • 4:00 pm
    Adjourn

  • Supplemental Materials

Conference Faculty

Rick M. Albers

Kuperman, Orr & Albers, P.C.
Austin, TX

Kathryn E. Allen

Graves Dougherty Hearon & Moody
Austin, TX

J. Cary Barton

Barton, East & Caldwell, P.L.L.C.
San Antonio, TX

Tommy Bastian

Barrett Daffin Frappier Turner & Engel, LLP
Addison, TX

D. Michael Baucum

Baucum Steed Barker
San Antonio, TX

Kyle B. Beaty

Winstead PC
Dallas, TX

Jason Boulette

Boulette & Golden L.L.P.
Austin, TX

Courtney Davis Bristow

Winstead PC
Dallas, TX

Joseph D. Cahoon

The University of Texas McCombs School of Business Real Estate Finance and Investment Center
Austin, TX

Lorin Williams Combs

Winstead PC
Dallas, TX

Terry I. Cross

McClure & Cross LLP
Dallas, TX

Sara E. Dysart

Attorney at Law
San Antonio, TX

Michael J. Golden

Boulette & Golden L.L.P.
Austin, TX

Jay C. Hartzell

The University of Texas McCombs School of Business Real Estate Finance and Investment Center
Austin, TX

Niles Wesley Holmes

Niles Holmes, P.C.
Dallas, TX

Barry D. Johnson

SettlePou
Dallas, TX

Michael Brian Johnson

Thompson, Coe, Cousins & Irons, LLP
Austin, TX

Kevin M. Kerr

Attorney at Law
Dallas, TX

Jeffrey Warren Matthews

Winstead PC
Dallas, TX

Keith H. Mullen

Winstead PC
Dallas, TX

Chris Alexander Peirson

Attorney at Law
Dallas, TX

Brian C. Rider

The University of Texas School of Law
Austin, TX

Matthew Meguire Sanderson

Looper Reed & McGraw, P.C.
Dallas, TX

Patrick C. Sargent

Andrews Kurth LLP
Dallas, TX

Richard L. Spencer

Johnson Deluca Kurisky & Gould, P.C.
Houston, TX

James H. Wallenstein

Glast, Phillips & Murray
Dallas, TX

David A. Weatherbie

Cramer Weatherbie Richardson Walker LLP
Dallas, TX

Planning Committee

Brian C. Rider—Chair

The University of Texas School of Law
Austin, TX

J. Cary Barton

Barton, East & Caldwell, P.L.L.C.
San Antonio, TX

Tommy Bastian

Barrett Daffin Frappier Turner & Engel, LLP
Addison, TX

Martha Harris

Thompson & Knight LLP
Dallas, TX

Niles Wesley Holmes

Niles Holmes, P.C.
Dallas, TX

Marilyn C. Maloney

Liskow & Lewis
Houston, TX

Mark McPherson

McPherson LawFirm, PC
Dallas, TX

Janna R. Melton

Attorney at Law
Austin, TX

John M. Nolan

Winstead PC
Dallas, TX

Chris Alexander Peirson

Attorney at Law
Dallas, TX

Ann M. Saegert

Haynes and Boone, LLP
Dallas, TX

Jane Snoddy Smith

Fulbright & Jaworski L.L.P.
Austin, TX

Richard L. Spencer

Johnson Deluca Kurisky & Gould, P.C.
Houston, TX

Jonathan Thalheimer

McGuire, Craddock & Strother P.C.
Dallas, TX

David W. Tomek

David Tomek PLLC
Dallas, TX

Michelle M. Turner

The University of Texas School of Law
Austin, TX

David A. Weatherbie

Cramer Weatherbie Richardson Walker LLP
Dallas, TX

Philip D. Weller

DLA Piper US LLP
Dallas, TX

Thomas M. Whelan

McGuire, Craddock & Strother, P.C.
Dallas, TX

Credit Info

MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
UT Law CLE conferences are considered "qualifying" courses, not certified by TDI. Such qualifying courses may be used for credit.

Qualifying courses are insurance courses that are: (A) offered for credit by accredited colleges, universities, or law schools; or (B) part of a national designation certification program; or (C) approved for classroom, classroom equivalent, or participatory credit by the continuing education approval authority of a state bar association or state board of public accountancy; or (D) certified or approved for continuing education credit under the guidelines of the Federal Crop Insurance Corporation.

Continuing Education Credit Information for Agents and Adjusters

Agent/Adjuster Continuing Education Forms
 
https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-0.pdf

Use this link to obtain the TREC MCE form for self-reporting your TREC credit.  UT Law CLE will provide a Certificate of Attendance at the conference.
MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
UT Law CLE conferences are considered "qualifying" courses, not certified by TDI. Such qualifying courses may be used for credit.

Qualifying courses are insurance courses that are: (A) offered for credit by accredited colleges, universities, or law schools; or (B) part of a national designation certification program; or (C) approved for classroom, classroom equivalent, or participatory credit by the continuing education approval authority of a state bar association or state board of public accountancy; or (D) certified or approved for continuing education credit under the guidelines of the Federal Crop Insurance Corporation.

Continuing Education Credit Information for Agents and Adjusters

Agent/Adjuster Continuing Education Forms
 
https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-0.pdf

Use this link to obtain the TREC MCE form for self-reporting your TREC credit.  UT Law CLE will provide a Certificate of Attendance at the conference.
MCLE Credit
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.
Other Credit
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

Contact Laura Tolin, ltolin@law.utexas.edu, if you have additional questions.
UT Law CLE conferences are considered "qualifying" courses, not certified by TDI. Such qualifying courses may be used for credit.

Qualifying courses are insurance courses that are: (A) offered for credit by accredited colleges, universities, or law schools; or (B) part of a national designation certification program; or (C) approved for classroom, classroom equivalent, or participatory credit by the continuing education approval authority of a state bar association or state board of public accountancy; or (D) certified or approved for continuing education credit under the guidelines of the Federal Crop Insurance Corporation.

Continuing Education Credit Information for Agents and Adjusters

Agent/Adjuster Continuing Education Forms
 
https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-0.pdf

Use this link to obtain the TREC MCE form for self-reporting your TREC credit.  UT Law CLE will provide a Certificate of Attendance at the conference.

Key Dates

Dallas – Oct 4-5, 2012 – Belo Mansion
Conference Concluded
Austin – Oct 25-26, 2012 – Four Seasons Hotel
Conference Concluded
Video Replay: Houston – Nov 29-30, 2012 – Norris Conference Center - CityCentre
Conference Concluded
Buy
Dallas
Last day for Standard Registration early registration: Sep 28, 2012

Add $50 for registrations received after this time

Last day for cancellation (full refund): Sep 28, 2012
Last day for cancellation (partial refund): Oct 1, 2012

$50 processing fee applied

Austin
Last day for Standard Registration early registration: Oct 17, 2012

Add $50 for registrations received after this time

Last day for cancellation (full refund): Oct 19, 2012
Last day for cancellation (partial refund): Oct 22, 2012

$50 processing fee applied

Houston
Last day for Standard Registration early registration: Nov 19, 2012

Add $50 for registrations received after this time

Last day for cancellation (full refund): Nov 21, 2012
Last day for cancellation (partial refund): Nov 26, 2012

$50 processing fee applied

Venue

speaker

2101 Ross Avenue
Dallas, TX
214.220.0239
Map

Parking Information

$4 per day for Dallas Bar Members; $10 per day for Non-Dallas Bar members (subject to availability)

speaker

98 San Jacinto Boulevard
Austin, TX 78701-4082
512.685.8100 (reservations)
Map

Accommodations

$245.00 good through Sep 23, 2012

Parking Information

Valet parking for $16 during the day of the event and $32.50 for overnight use. Limited self-parking is available for $12 during the day of the event.

speaker

816 Town and Country Blvd. Suite 210
Houston, TX 77024
713.590.0950
Map

Parking Information

Complimentary self-parking

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