Preview
FILED:
FILED: KINGS
KINGS COUNTY
COUNTX_CLERK CLERK 04/24/2018
12/29/2017 08:06
04:4 6 PM INDEX
I N DEX NO.
NO . 508445/2015
508 4 4 5/2015
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NYSCEF DOC.
DOC. NO.
NO. 61
43 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/24/2018
12/29/201/
SUPREME Nf;O'
COURI OF T1IE STATE OF NEW YORK
COUNTY OF KINGS
------------------------------------ -- index No.: 508445/2015
THE BANK OF NEW YORK MELLON F|K/A THE
NEV'
BANK OF NEW YORK AS INDENTURE
TRUSTEE ON BEHALF OF THE NOTEHOLDERS
AND THE NOTE INSURER OF ABFS
MORTGAGE LOAN TRUST 2000-4,
Plaintiff, AFFIDAVIT OF INDEBTEDNESS
vs.
THERESA BRODWITU, INDIVIDUALLY AND AS
ADMINISTRATRIX AND HEIR OF THE ESTATE
OF LEROY BRODWITH; BENIAH ANOKAM;
NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE; NEW YORK CITY
. ENV1RONMENTALCONTROL BOARD UNITED
Ol''
STATES OF 41ERICA,
#1" #12,"
"JOHN DOE tt through "JOHN DOE the last
twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
premises, described in the complaint,
Defendants.
____________________________________________________
vanessa ciorgiani
I, , beingof lawful age, being firstduly sworn
on oath, states and deposes as follows:
I. .I am employed as Vice President Ocwen Loan
a(n) by
"Ocwen'
Servicing, LLC(berein after referred to as"Ocwen"). As such, I am authorized to execute this
"B"
Affidavit as part of my business duty to Ocwen. Annexed hereto as Exhibit are copies of
the applicable Assignments of Mortgage and Power of Attorney.
2. In the regular performance of my job functions, I have access to, have acquired personal
knowledge of, and am fully familiar with the facts and circumstances hereinafter set forth
within this Affidavit based upon my review of the business records defined herein below. 1 am
15-016386 StG
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FILED:
FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 04/24/2018
12/29/2017 08:06
04:4 6 PM
PM
INDEX
INDEX NO.
NO. 508445/2015
508445/201 5
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 61
43 RECEIVED
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competent to testifyabout such tacts, and would do so if1 appeared as a witness in the above
entitledaction.
3. 1 have personal knowledge of Ocwen's records and record practices, and how such
making
records are made, used and kept. As a mortgage loan servicer, Ocwen is responsible for
"Records"
maintaining the books and business records (hereinaher referred to as the "Records"). The
Records document activity, occurrences, events, and transactions (hereinafter referred to as
the "Transactions") conducted by Ocwen. The Records are created and maintained in the
regular course of business, and are needed and relied upon inthe performance of functions of
the business. The Records manually entered were made at or near the time ofthe Transactions
documented by a person with personal knowledge. These Records include, but are not limited
to, prior servicer records. account ledgers, data compilations, and imaged
electronically
"A"
documents. Annexed hereto as Exhibit "Al is a copy of the Demand Lettersent pursuant to
the Mortgage, which ismaintained as a business record of Ocwen. Annexed hereto as Exhibit
"B"
are true and correct copies of the Note, Mortgage, Assignments of Mortgage, Power of
Attorney, data compilation(s) and account ledger(s), all of which are maintained as business
records of Ocwen.
4. On or about November 09, 2000, LEROY BRODWITH (hereinatter referred to as the
"Borrower" "Note"
"Borrower") executed and delivered a note (hereinafter referred to as the "Note") to Plaintiff
and/or Plaintiff s predecessor-in-interest.
5. Plaintiff confirmed physical possession of the original Note on November I 1,2013 and
Plaintiffremained in physical possession of the Note up to and through the date upon which
thisaction was commenced.
6. The above-entitled action isbrought to foreclose a mortgage dated November 09, 2000. At the
time of cornmencement, the Mortgage was held Plaintiff, been executed and
by having
15-016386 - StG
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FILED:
FTLED : KINGS
KTNGS .. COUNTY
COUNTY CLERK
CLERK 04/24/2018
12/29/2017 08:06
04 :46 PM .
INDEX
INDEX NO.
NO. 508445/2015
508445/201 5
PM}
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 61
43 RECEIVED
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delivered to Plaintiff and/or Plaintiff s predecessor-in-interest as collateral for payment of the
underlying indebtedness.
7. The Borrower has breached said obligation and defaulted upon the Note. The Borrower failed
to make the payment pursuant to the terms of the Note and Mortgage with the
commencing
July 20, 2008 payment, which default remains uncured.
8. On September 3, 2008, the outstanding payments were duly demanded by a demand
mailing
letterpursuant to the terms of the Mortgage at the notice address.
[THIS SPACE INTENTIONALLY LEFT BLANK]
- StG
3 of 7
FILED:
FTT.FD ·.. KINGS
KTNCR COUNTY
()TTNTY CLERK
CT.RRK 04/24/2018
1 2/29/2017 08:06 PM INDEX
INDEX NO.
NO. 508445/2015
508445/201 5
--CG 04.: 46. PML ..
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NYSCEF DOC.
DOC. NO.
NO. 61
43 RECEIVED
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9. According to the Records, the amounts are due and pursuant to the Note and
following owing
Mortgage:
Unpaid Principal Balance: $ 99,426.63
Deferred Principal Balance: $ 0.00
interest (at date of default 11.49000 %) from 07/07/2008
to 10/02/2017 :
(per diem Interest:31.29) $ 105.493.65
Late Charges: N/A
Escrew Balance: $ L5,381.I1
Taxes 2005-2016: $15,242.63
insurance 2005-2012: $2,430.00
f scrow Payments/Credits ($2,091 01
Prior Servicer Escrow Balance (ifapplicable): ($ 200.51)
ADDITIONAL COSTS:
Property Inspections: $564.63
Property Valuation Fee/BPO: $1,079.00
Prior Servicer Fee: $0.00
Property Preservation\Maintenance Fee: $35.00
Certified Mail Cost: $31.48
Title Search Expenses. $1,467.50
Interest Arrearage: $0.00
Other Fees: N/A
Bankruptcy Costs: $0.00
Subtotal $223,479.00
Less: Suspense Balance ($ 8.97)
[THIS SPACE INTENTIONALLY LEFT BLANK]
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FTT.ED
•
KINGS
KTNGR COUNTY
GUNTY
..COUNTY CLERK
T.ERK 04/24/2018
1 7/79/701 7 08:06
04
..04
•
46 PM
PM INDEX
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508445/2015
NYSCEF
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DOC. NO.
NO. 61
43 RECEIVED
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GRAND TOTAL as of 10/02/2017 : S223,470.03
—
10-(O ~(,%
Dated:
C~,
A1Tiant Signature:
Prim Name: vanessa Giorgiani
.._______
Title: vice President
Ocwen Loan Servicing, LLC, as servicer for THE BANK OF NEW
YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR
TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS
INDENTURE TRUSTEE ON BElIALF OF TilE NOTEHOLDERS AND
THE NOTE INSURER OF ABFS MORTGAGE LOAN TRUST 2000-4
UN1FORM CERTIFICATE OF ACKNOWLEDGEMENT
(Outside New York State)
STATE OF FLORIDA
COUNTY OF PALM BEACH
On the wo day of in the year 2017 before me, the undersigned, personaHy
appeared vanessa aiorgi ani , personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument. the or
individual(s),
the person upon behalf of which the individual(s) acted, executed the instrument.
GU1RLENE
DOLONE
,-'a~i s;
~ ~""VV~~NotaryPubli(-Stateoff kxxja
Signature o'fNotary Public
Guirlene Dolcine e. commiwomcm
Name ofNotary Pubhc: MyComm.Expies
Novib, 2021
haugh44
Hooded hotsyAm.
-
Personally known:
OR Produced IdentiGcation:
Type ofIdentification Produced
15-016386 - StG
5 of 7
FILED:
FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 04/24/2018
12/29/2017 08:06
04:4 6 PM INDEX
INDEX NO.
NO. 508445/2015
508445/2015
PM|
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 61
43 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/24/2018
12/29/201
SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF KINGS
______________________________________.----------- Index No.: 508445/2015
THE BANK OF NEW YORK MELLON F/K/A THE
BANK OF NEW YORK AS f NDENTURH
OI-'
TRUSTEE ON BEHALF OF THE NOTEHOLDERS
AND THE NOTE [NSURER OF ABFS
MORTGAGE LOAN TRUST 2000-4,
Plaintiff, CERTIFICATE OF
CONFORMITY
vs.
THERESA BRODWITH, INDIVIDUALLY AND AS
ADMINISTRATRIX AND HEIR OF THE ESTATE
OF LEROY BRODWITH; BENIAII ANOKAM;
NEW YORK STATE DEPARTMENT OF
. TAXATION AND EfNANCE;NEW YORK
.YORK CITL
ENVIRONMENTAL CONTROL BOARD: UNITED
STATES OF AMERICA,
#1" #12,"
"JOHN DOE through "JOHN DOE the last
twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
premises, described in the complaint,
Defendants.
_____ - _______________________
STATE OF FLORIDA
COUNTY OF PALM BEACH ss.:
The undersigned does hereby certify that he/she isan at law admitted to practice in
attorney duly
the state of Florida and at Palm Beach in the State of that he/
presently residing County Florida;
she is a of'
person duly qualified to make this certificate pursuant to Section 299-a of
ofconformity
the Real Property Law of the State ofNew York; that he/she is acquainted with the laws of
fully
the State of Florida pertaining to the acknowledgement or proof of deeds or real to be
property
recorded therein; that the acknowledgment vanessa named in the
foregoing by giorgiani_
Gufrlene Dofcine
foregoing instrument taken before . a public (or other
notary officer)
15-0163S6 - Sta
6 of 7
FILED:
FILED : KINGS
KINGS COUNTY
COUNTY CLERK
CLERK 04/24/2018
12/29/2017 08:06
04: 4 6 PM INDEX
INDEX NO.
NO. 508445/2015
508445/201
PM|
NYSCEF
NYSCEF DOC.
DOC NO.
NO 61
43 . RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/24/2018
12/29/2017
was taken in the manner prescribed by such laws of the State of Florida, being the state in which
itwas taken; and that itduly conforms with such laws and is in allrespects valid and effective
in such state.
Witness my signature this 10 day of OdAt , 2017.
Attorney-at-lawforthe Stateof FLORIDA
MemberofF1onda
BarNumber 8 400
)-
M~4
g~4 5r ~~k~e'.
~~I ~e'.
)
[THIS SPACE INTENTIONALLY LEFT BLANK]
15-016386 - StG
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Preview
FILED: FILED: KINGS KINGS COUNTY COUNTX_CLERK CLERK 04/24/2018 12/29/2017 08:06 04:4 6 PM INDEX I N DEX NO. NO . 508445/2015 508 4 4 5/2015 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 61 43 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/24/2018 12/29/201/ SUPREME Nf;O' COURI OF T1IE STATE OF NEW YORK COUNTY OF KINGS ------------------------------------ -- index No.: 508445/2015 THE BANK OF NEW YORK MELLON F|K/A THE NEV' BANK OF NEW YORK AS INDENTURE TRUSTEE ON BEHALF OF THE NOTEHOLDERS AND THE NOTE INSURER OF ABFS MORTGAGE LOAN TRUST 2000-4, Plaintiff, AFFIDAVIT OF INDEBTEDNESS vs. THERESA BRODWITU, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH; BENIAH ANOKAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY . ENV1RONMENTALCONTROL BOARD UNITED Ol'' STATES OF 41ERICA, #1" #12," "JOHN DOE tt through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. ____________________________________________________ vanessa ciorgiani I, , beingof lawful age, being firstduly sworn on oath, states and deposes as follows: I. .I am employed as Vice President Ocwen Loan a(n) by "Ocwen' Servicing, LLC(berein after referred to as"Ocwen"). As such, I am authorized to execute this "B" Affidavit as part of my business duty to Ocwen. Annexed hereto as Exhibit are copies of the applicable Assignments of Mortgage and Power of Attorney. 2. In the regular performance of my job functions, I have access to, have acquired personal knowledge of, and am fully familiar with the facts and circumstances hereinafter set forth within this Affidavit based upon my review of the business records defined herein below. 1 am 15-016386 StG 1 of 7 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 04/24/2018 12/29/2017 08:06 04:4 6 PM PM INDEX INDEX NO. NO. 508445/2015 508445/201 5 NYSCEF NYSCEF DOC. DOC. NO. NO. 61 43 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/24/2018 12/29/2017 competent to testifyabout such tacts, and would do so if1 appeared as a witness in the above entitledaction. 3. 1 have personal knowledge of Ocwen's records and record practices, and how such making records are made, used and kept. As a mortgage loan servicer, Ocwen is responsible for "Records" maintaining the books and business records (hereinaher referred to as the "Records"). The Records document activity, occurrences, events, and transactions (hereinafter referred to as the "Transactions") conducted by Ocwen. The Records are created and maintained in the regular course of business, and are needed and relied upon inthe performance of functions of the business. The Records manually entered were made at or near the time ofthe Transactions documented by a person with personal knowledge. These Records include, but are not limited to, prior servicer records. account ledgers, data compilations, and imaged electronically "A" documents. Annexed hereto as Exhibit "Al is a copy of the Demand Lettersent pursuant to the Mortgage, which ismaintained as a business record of Ocwen. Annexed hereto as Exhibit "B" are true and correct copies of the Note, Mortgage, Assignments of Mortgage, Power of Attorney, data compilation(s) and account ledger(s), all of which are maintained as business records of Ocwen. 4. On or about November 09, 2000, LEROY BRODWITH (hereinatter referred to as the "Borrower" "Note" "Borrower") executed and delivered a note (hereinafter referred to as the "Note") to Plaintiff and/or Plaintiff s predecessor-in-interest. 5. Plaintiff confirmed physical possession of the original Note on November I 1,2013 and Plaintiffremained in physical possession of the Note up to and through the date upon which thisaction was commenced. 6. The above-entitled action isbrought to foreclose a mortgage dated November 09, 2000. At the time of cornmencement, the Mortgage was held Plaintiff, been executed and by having 15-016386 - StG 2 of 7 FILED: FTLED : KINGS KTNGS .. COUNTY COUNTY CLERK CLERK 04/24/2018 12/29/2017 08:06 04 :46 PM . INDEX INDEX NO. NO. 508445/2015 508445/201 5 PM} NYSCEF NYSCEF DOC. DOC. NO. NO. 61 43 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/24/2018 12/29/200 7 delivered to Plaintiff and/or Plaintiff s predecessor-in-interest as collateral for payment of the underlying indebtedness. 7. The Borrower has breached said obligation and defaulted upon the Note. The Borrower failed to make the payment pursuant to the terms of the Note and Mortgage with the commencing July 20, 2008 payment, which default remains uncured. 8. On September 3, 2008, the outstanding payments were duly demanded by a demand mailing letterpursuant to the terms of the Mortgage at the notice address. [THIS SPACE INTENTIONALLY LEFT BLANK] - StG 3 of 7 FILED: FTT.FD ·.. KINGS KTNCR COUNTY ()TTNTY CLERK CT.RRK 04/24/2018 1 2/29/2017 08:06 PM INDEX INDEX NO. NO. 508445/2015 508445/201 5 --CG 04.: 46. PML .. NYSCEF NYSCEF DOC. DOC. NO. NO. 61 43 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/24/2018 12/29/201 9. According to the Records, the amounts are due and pursuant to the Note and following owing Mortgage: Unpaid Principal Balance: $ 99,426.63 Deferred Principal Balance: $ 0.00 interest (at date of default 11.49000 %) from 07/07/2008 to 10/02/2017 : (per diem Interest:31.29) $ 105.493.65 Late Charges: N/A Escrew Balance: $ L5,381.I1 Taxes 2005-2016: $15,242.63 insurance 2005-2012: $2,430.00 f scrow Payments/Credits ($2,091 01 Prior Servicer Escrow Balance (ifapplicable): ($ 200.51) ADDITIONAL COSTS: Property Inspections: $564.63 Property Valuation Fee/BPO: $1,079.00 Prior Servicer Fee: $0.00 Property Preservation\Maintenance Fee: $35.00 Certified Mail Cost: $31.48 Title Search Expenses. $1,467.50 Interest Arrearage: $0.00 Other Fees: N/A Bankruptcy Costs: $0.00 Subtotal $223,479.00 Less: Suspense Balance ($ 8.97) [THIS SPACE INTENTIONALLY LEFT BLANK] 15-016386 - StG 4 of 7 FILED: FTT.ED • KINGS KTNGR COUNTY GUNTY ..COUNTY CLERK T.ERK 04/24/2018 1 7/79/701 7 08:06 04 ..04 • 46 PM PM INDEX INDEX NO. NO. 508445/2015 508445/2015 NYSCEF NYSCEF DOC. DOC. NO. NO. 61 43 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/24/2018 12/29/201 GRAND TOTAL as of 10/02/2017 : S223,470.03 — 10-(O ~(,% Dated: C~, A1Tiant Signature: Prim Name: vanessa Giorgiani .._______ Title: vice President Ocwen Loan Servicing, LLC, as servicer for THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS INDENTURE TRUSTEE ON BElIALF OF TilE NOTEHOLDERS AND THE NOTE INSURER OF ABFS MORTGAGE LOAN TRUST 2000-4 UN1FORM CERTIFICATE OF ACKNOWLEDGEMENT (Outside New York State) STATE OF FLORIDA COUNTY OF PALM BEACH On the wo day of in the year 2017 before me, the undersigned, personaHy appeared vanessa aiorgi ani , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument. the or individual(s), the person upon behalf of which the individual(s) acted, executed the instrument. GU1RLENE DOLONE ,-'a~i s; ~ ~""VV~~NotaryPubli(-Stateoff kxxja Signature o'fNotary Public Guirlene Dolcine e. commiwomcm Name ofNotary Pubhc: MyComm.Expies Novib, 2021 haugh44 Hooded hotsyAm. - Personally known: OR Produced IdentiGcation: Type ofIdentification Produced 15-016386 - StG 5 of 7 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 04/24/2018 12/29/2017 08:06 04:4 6 PM INDEX INDEX NO. NO. 508445/2015 508445/2015 PM| NYSCEF NYSCEF DOC. DOC. NO. NO. 61 43 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/24/2018 12/29/201 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF KINGS ______________________________________.----------- Index No.: 508445/2015 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS f NDENTURH OI-' TRUSTEE ON BEHALF OF THE NOTEHOLDERS AND THE NOTE [NSURER OF ABFS MORTGAGE LOAN TRUST 2000-4, Plaintiff, CERTIFICATE OF CONFORMITY vs. THERESA BRODWITH, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH; BENIAII ANOKAM; NEW YORK STATE DEPARTMENT OF . TAXATION AND EfNANCE;NEW YORK .YORK CITL ENVIRONMENTAL CONTROL BOARD: UNITED STATES OF AMERICA, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. _____ - _______________________ STATE OF FLORIDA COUNTY OF PALM BEACH ss.: The undersigned does hereby certify that he/she isan at law admitted to practice in attorney duly the state of Florida and at Palm Beach in the State of that he/ presently residing County Florida; she is a of' person duly qualified to make this certificate pursuant to Section 299-a of ofconformity the Real Property Law of the State ofNew York; that he/she is acquainted with the laws of fully the State of Florida pertaining to the acknowledgement or proof of deeds or real to be property recorded therein; that the acknowledgment vanessa named in the foregoing by giorgiani_ Gufrlene Dofcine foregoing instrument taken before . a public (or other notary officer) 15-0163S6 - Sta 6 of 7 FILED: FILED : KINGS KINGS COUNTY COUNTY CLERK CLERK 04/24/2018 12/29/2017 08:06 04: 4 6 PM INDEX INDEX NO. NO. 508445/2015 508445/201 PM| NYSCEF NYSCEF DOC. DOC NO. NO 61 43 . RECEIVED RECEIVED NYSCEF: NYSCEF: 04/24/2018 12/29/2017 was taken in the manner prescribed by such laws of the State of Florida, being the state in which itwas taken; and that itduly conforms with such laws and is in allrespects valid and effective in such state. Witness my signature this 10 day of OdAt , 2017. Attorney-at-lawforthe Stateof FLORIDA MemberofF1onda BarNumber 8 400 )- M~4 g~4 5r ~~k~e'. ~~I ~e'. ) [THIS SPACE INTENTIONALLY LEFT BLANK] 15-016386 - StG 7 of 7