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Assistant/Deputy Clerk of Superior Court David A. Simpson, P.C. Substitute Trustee (WL691) 9/23 9/30


STATE OF NORTH CAROLINA


AMENDED NOTICE OF SALE


TAKE NOTICE THAT: Raintree Realty and Con- struction, Inc., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Days Inn of Candler, Inc., original mort- gagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 3802, at Page 163. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: Valu-Lodge of Greenville, Inc., a Geor- gia corporation. The property will be sold by the Substitute Trustee at 12:30 p.m. on the 5th day of October, 2010 at the above named County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally known as 2551 Smoky Park Highway, Candler, NC 28715, and is described as follows: BEGINNING at a two inch pipe located in the center of US Highway 19-23 in the Southwestern corner of that property conveyed to Haywood Oil Company, Inc. by deed recorded in Book 1517, Page 98 (Tract A) and from said point of beginning along the center line of US Highway 19-23 S. 77-13- 35 W. 319.68 feet; thence continuing S. 78-04-00 W. 346.00 feet; thence leaving the center of said US High- way 19-23, N. 12-58-51 W. 314.60 feet to the margin of I-40 right-of-way; thence N. 89-34-50 E. 249.84 feet; thence S. 05-14-00 E. 40.00 feet; thence N. 89-36-00 E. 58.00 feet; thence N. 00-24-00 W. 25.00 feet; thence N. 89-34-31 E. 278.86 feet; thence S. 01-57-33 W. 157.22 feet to the place of BEGINNING. SUBJECT TO public right- of-way of US Highway 19-23 extended in full legal width. BEING the same property described in a deed dated August 21, 2002 from SAS Investments, LLC to SHRI Enterprise, Inc. as recorded in Deed Book 2890, Pages 221-222,


County Registry. Any property described in the Deed of Trust which is not being offered for sale is described as follows: None. Any buildings located on the above-described prop- erty are also included in


Buncombe File No: 10 SP 712


COUNTY OF BUNCOMBE


the sale. The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substi- tute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00). All bidders bid for the prop- erty AS IS on the date of sale. Absolutely no war- ranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bid- ders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee. The property will be sold subject to all unpaid taxes and special assessments. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units: An order for pos- session of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in posses- sion by the Clerk of Supe- rior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the Notice of Sale, terminate the rental agreement upon 10 days’ written notice to the land- lord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896- Protecting Tenants at Foreclosure Act which became effective May 20, 2009. Sale of Personal Property. All parties receiving this Notice are given notice that at the foreclosure sale, the below described personal property will be sold with the real property in a single sale for a single bid. The personal property to be sold is all of the inventory and equipment of Days Inn of Candler and Valu-Lodge of Greenville located at the property to be sold located on US 19-23 at the East Canton Exit. The sale is made pursuant to a Secu- rity Agreement between Days Inn of Candler, Inc. and Branch Banking and Trust Company granting a security interest in all of the equipment and inventory for the Days Inn motel. As the real property, equip- ment and inventory are sold in a single sale, the accounting for the sale will be on the usual statement of final account in the fore- closure.


THIS the 14th day of Sep- tember, 2010.


(WL692) 9/23 9/30


STATE OF NORTH CAROLINA


File No: 10 SP 753 NOTICE OF SALE


TAKE NOTICE THAT: Raintree Reality and Con- struction, Inc, Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and by under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as fol- lows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Barry Sickles and Marlene Sick- les, husband and wife, original mortgagors, and recorded in the Office of the Buncombe County Register of Deeds in Deed of Trust Book 4470, at Page 1249. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: N/A The property will be sold by the Substitute Trustee at 12:30 p.m. on the 5th day of October, 2010 at the Bun- combe County Courthouse door in the City of Asheville, North Carolina. The real property to be sold is generally described as Lot 36 Altura Subdivision, Asheville, NC 28804 and described as follows: Being all of Lot 36 of “The Heights at Altura” subdi- vision, as shown on that plat recorded in Plat Book 114, at Page 9 recorded in the Office of the Register of Deeds of Buncombe County, reference to which is hereby made for a more particular description. Any property described in the Deed of Trust which is not being offered for sale is described as follows: Sub- ject to any and all Release Deeds of Record in the Buncombe County, North Carolina Registry. Any buildings located on the above-described prop- erty are also included in the sale. The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substi- tute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00). All bidders bid for the prop- erty AS IS on the date of sale. Absolutely no war- ranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bid- ders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee. The property will be sold subject to all unpaid taxes and special assessments. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the


COUNTY OF BUNCOMBE


intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust. Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units: An order for pos- session of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in posses- sion by the Clerk of Supe- rior Court of the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the Notice of Sale, terminate the rental agreement upon 10 days’ written notice to the land- lord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896- Protecting Tenants at Foreclosure Act which became effective May 20, 2009.


THIS the 9th day of Sep- tember, 2010.


SUBSTITUTE TRUSTEE: RAINTREE REALTY AND CONSTRUCTION, INC. By: A. Robert York, President P.O. Box 8942 Asheville, NC 28814 Phone: 828-777-5250 (WL693) 9/23 9/30


NOTICE OF SERVICE OF PROCESS BY PUBLICATION


STATE OF NORTH CAROLINA


BUNCOMBE COUNTY


In the General Court of Jus- tice, District Court Division, 10 CvD 04611 COUNTY OF BUNCOMBE, a Body Politic and Corporate, Plaintiff Vs. GENEVIEVE R. BROWN, et. al., To: JOHN DOE 1; JOHN DOE 2 Take notice that a pleading seeking relief against you has been filed in the above- entitled action. The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property as described in the Buncombe County tax records as PIN: 9649-54- 451500000 and being all that certain tract or parcel of land as same is set forth and described in a Deed dated August 20, 1960 from Smyrna Lee, widow, to D. W. Robinson and wife, Eula Bell Robinson and recorded in Book 833, Page 414, Buncombe County, North Carolina Registry. You are required to make defense to such pleading not later than October 23, 2010 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.


This, the 24th day of Sep- tember, 2010.


John C. Frue Attorney for Plaintiff 20 Battery Park Ave, Ste 405 Asheville, NC 28801 (WL694) 9/23 9/30 10/7


NOTICE OF SERVICE OF PROCESS BY


STATE OF NORTH CAROLINA


BUNCOMBE COUNTY


In the General Court of Jus- tice, District Court Division, 10 CvD 02643 COUNTY OF BUNCOMBE, a Body Politic and Corporate, Plaintiff Vs. WELLS FARGO BANK; et. al., To: PETRO KOLOMIYETS; ALLA S. KOLOMIYETS Take notice that a pleading seeking relief against you has been filed in the above- entitled action. The nature of the relief being sought is as follows: foreclosure sale to satisfy unpaid property taxes on your interest in the property as described in the Buncombe County tax records as PINs: 9658-48-7741-00000, 9658-48-7840-00000, 9658-48-7950-00000, 9658-48-8518-00000, 9658-48-8599-00000, 9658-48-8793-00000, 9658-48-9805-00000, 9658-48-9915-00000, 9658-49-7445-00000, 9658-49-9015-00000, 9658-49-9402-00000, 9658-49-9551-00000 and 9658-49-4347-0000 and being Lots 7, 8, 9, 13, 14, 15, 16, 17, 18, 26, 27, 28 and 34 of Springtime Subdivision as shown on a plat recorded in Plat Book 76, at Page 30, Buncombe County, North Carolina Registry. You are required to make defense to such pleading not later than October 23, 2010 and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.


This, the 24th day of Sep- tember, 2010.


John C. Frue Attorney for Plaintiff 20 Battery Park Ave, Ste 405 Asheville, NC 28801 (WL695) 9/23 9/30 10/7


AND PERSONAL PROPERTY


UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust and Secu- rity Agreement Collateral Includes Fixtures executed and delivered by Vision Ashebrook, LLC, dated May 24, 2006 and as recorded on June 1, 2006, in Book No. 669, at Page 1943 of the Haywood County, North Carolina Public Registry and recorded on June 1, 2006 in Book No. 4231, at Page 1241 of the Bun- combe County Public Reg- istry (the “Deed of Trust”); and because of default in the payment of the indebt- edness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Haywood County Court- house, in Waynesville, North Carolina on TUES- DAY, OCTOBER 5, 2010 at 11:00 A.M. two tracts of real property located in Beaverdam Township of


FORECLOSURE SALE OF REAL


SUBSTITUTE TRUSTEE’S


NOTICE OF PUBLICATION


Haywood County and in the Upper Hominy Township of Buncombe County and include all of the right, title and interest of Borrower, in and to the following property, rights, interests and estates now owned or hereafter acquired by Borrow (collectively, the “Property”) as set forth in the Deed of Trust and the UCC Financing Statement recorded on June 1, 2006 in Book 669, Page 2002 of the Haywood County Public Registry and on June 1, 2006 in Book 4231, Page 1321 of the Buncombe County Public Registry; as assigned by Amendment recorded on May 10, 2010 in Book 782, Page 325 of the Haywood County Public Registry and on May 10, 2010 in Book 4783, Page 55 of the Buncombe County Public Registry; and as further assigned by Amendment recorded on June 7, 2010 in Book 783, Page 1528 of the Haywood County Public Registry and on June 9, 2010 in Book 4790, Page 299 of the Buncombe County Public Registry, including but not limited to, those things described in paragraphs (A) though (P) on pages 1-4 of the Deed of Trust, and the tracts of real property (the “Land”) are more particu- larly described as follows: See Exhibit 1. Present Record Owner: Vision Ashebrook, LLC The terms of the Sale are that the real property hereinbefore described will be sold for cash to the highest bidder. The Sale of the personal property is made in accordance with G.S. § 25-9-604 (a) and (b). A deposit of 5 percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), which- ever is greater, is required and must be tendered in the form of certified funds at the time of the sale. In the event that the Holder or its intended assignee is exempt from paying the same, the successful bidder shall be required to pay revenue stamps on the Trustee’s Deed, and any Land Transfer Tax. The real property herein- above described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other condi- tions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required. If the Trustee is unable to convey title to this prop- erty for any reason, the sole remedy of the pur- chaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy peti- tion prior to the sale and reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice Where the Real Property is Residential with less Than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. § 45-21.29 in favor of the purchaser and against the party or parties in posses- sion by the clerk of supe-


rior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agree- ment upon 10 days writ- ten notice to the landlord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 – Protecting Tenants at Foreclosure Act which became effective on May 20, 2009.


Date: September 14, 2010


Rogers Townsend & Thomas, P.C. Substitute Trustee (704) 442-9500 Posted: Whiteness: Assistant/Deputy Clerk of Superior Court (WL696) 9/23 9/30


STATE OF NORTH CAROLINA


File No.: 10 SP 1117 NOTICE OF SALE


TAKE NOTICE THAT: David R. Payne, P.A., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Assistant Clerk of Superior Court of the above County, will sell the below described prop- erty at public auction as follows: 1. The instrument pursu- ant to which such sale will be held is that certain Deed of Trust executed by Allen Helmick and wife Valerie Helmick and Walter Tamagni, original mortgag- ors, and recorded in the Office of the Buncombe County, North Carolina Register of Deeds in Deed of Trust Book 4535, at Page 1925. The record owner of such property, as reflected on the records of the Regis- ter of Deeds not more than ten (10) days prior to post- ing of this Notice of Sale, if not the original mortgagors, is: N/A 2. The property will be sold by the Substitute Trustee at 10:30 a.m. on the 5th day of October, 2010 at the Bun- combe County Courthouse door in the City of Asheville, North Carolina. 3. The real property to be sold is generally described as 96 Castanea Mountain Drive, Asheville, NC and described as follows: BEING all of Tract Six, 5.00 Acres as shown on a plat entitled “Revision of P.B. 110/78 Survey for WNC Mountain Land Corporation, LLC” said plat recorded in Plat Book 116, at Page 20 of the Buncombe County, NC Registry to which reference is made for a more perfect description. TOGETHER WITH AND SUBJECT TO the rights of way and easements as shown on said plat, includ- ing the right of way over subdivision roads, provid- ing access for said Tract to and from Cedar Mountain Road. Any property described in the Deed of Trust which is


COUNTY OF BUNCOMBE


not being offered for sale is described as follows: Sub- ject to any and all Release Deeds of Record in the Buncombe County, North Carolina Registry. 4. Any buildings located on the above-described property are also included in the sale. 5. The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substi- tute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred and Fifty and no/100 Dollars ($750.00). 6. All bidders bid for the property AS IS on the date of the sale. Absolutely no warranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bid- ders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee. 7. The property will be sold subject to all unpaid taxes and special assessments. 8. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interest in the property subordinate to the Deed of Trust. 9. Additional Notice Where the Real Property is Resi- dential with Less than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in posses- sion by the Clerk of Supe- rior Court in the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the Notice of Sale, terminate the rental agreement upon 10 days’ written notice to the land- lord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896- Protecting Tenants at Foreclosure Act which became effective May 20, 2009.


THIS the 21st day of Sep- tember, 2010.


SUBSTITUTE TRUSTEE: DAVID R. PAYNE, P.A. By: David R. Payne, President 373 Biltmore Avenue Asheville, NC 28801 Phone: 828-258-0076 (WL697) 9/23 9/30


STATE OF NORTH CAROLINA


File No.: 10 SP 1116 NOTICE OF SALE


TAKE NOTICE THAT: David R. Payne, P.A., Substitute Trustee, has begun pro- ceedings to FORECLOSE under the Deed of Trust described below, and under and by virtue of the power


COUNTY OF BUNCOMBE


of sale contained in such Deed of Trust, and an Order entered by the Assistant Clerk of Superior Court of the above County, will sell the below described prop- erty at public auction as follows: 1. The instrument pursu- ant to which such sale will be held is that certain Deed of Trust executed by Thomas Glenn Gregg and wife Allison M. Gregg, original mortgagors, and recorded in the Office of the Buncombe County, North Carolina Register of Deeds in Deed of Trust Book 4503, at Page 1594. The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting of this Notice of Sale, if not the original mortgagors, is: N/A 2. The property will be sold by the Substitute Trustee at 10:00 a.m. on the 5th day of October, 2010 at the Bun- combe County Courthouse door in the City of Asheville, North Carolina. 3. The real property to be sold is generally described as Thicket Lane, Black Mountain NC 28711 and described as follows: TRACT I: BEING all of Lots 1, 2, 3 and 4 as shown on that Plat entitled “Laurel Cove”, as shown in Plat Book 69, Page 73, Buncombe County, NC Registry, to which plat reference is hereby made for a more particular description. Being that same prop- erty as described in deed recorded September 1, 2000, in Book 2333 at Page 151, Buncombe County, NC Registry. TOGETHER WITH a 4/8 undivided interest


“Thicket Lane” as the same is shown on a plat of Laurel Cove recorded in Plat Book 69 at Page 73, Buncombe County, NC Registry. The interest being the same as described in Deed recorded July 19, 2002 in Book 2857 at Page 684 of the Buncombe County, NC Registry. ALSO TOGETHER WITH AND SUBJECT TO the right of way shown on Plat Book 69 at Page 73 and that described in Book 1108 at Page 187 and Book 1835 at Page 43. TRACT II: BEGINNING at a stake located North 86 deg. 12’ West 219 feet from the M. Hoyt Northwest Corner and also in the C.C. Meyer line; and runs thence South 3 deg. 48’ West 220 feet to a stake; thence North 86 deg. 12’ West 200 feet to a stake; thence North 3 deg. 48’ East 220 feet to a stake; thence North 80 deg. 40’ West 180.8 feet to a stake near the McCoy Cove Branch; thence North 34 deg. 25’ East, crossing said branch several times, 304.5 feet to a stake; thence South 50 deg. 47’ East 125.2 feet to an iron pin; thence South 61 deg. 33’ East 53.8 feet to a stake in the C.C. Meyer line; thence with the Meyer line, South 3 deg. 48’ West 190.2 feet to a stake at the C.C. Meyer corner; thence south 86 deg. 12’ East 75 feet to the point of BEGIN- NING. Being that same property as described in deed recorded April 4, 2007 in Book 4385 Page 873 of the Buncombe County, NC Registry. To have and to hold said Real Property with all privi- leges and appurtenances thereunto belonging, to the


in


Trustee, its heirs, succes- sors and assigns forever, upon the trust, terms and conditions and for the uses hereinafter set forth. The Real Property or its address is commonly known: Thicket Lane, Black Mountain NC 28711. Any property described in the Deed of Trust which is not being offered for sale is described as follows: Sub- ject to any and all Release Deeds of Record in the Buncombe County, North Carolina Registry. 4. Any buildings located on the above-described property are also included in the sale. 5. The property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substi- tute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred and Fifty and no/100 Dollars ($750.00). 6. All bidders bid for the property AS IS on the date of the sale. Absolutely no warranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bid- ders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee. 7. The property will be sold subject to all unpaid taxes and special assessments. 8. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interest in the property subordinate to the Deed of Trust. 9. Additional Notice Where the Real Property is Resi- dential with Less than 15 Rental Units: An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in posses- sion by the Clerk of Supe- rior Court in the County in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the Notice of Sale, terminate the rental agreement upon 10 days’ written notice to the land- lord. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896- Protecting Tenants at Foreclosure Act which became effective May 20, 2009.


THIS the 21st day of Sep- tember, 2010.


SUBSTITUTE TRUSTEE: DAVID R. PAYNE, P.A. By: David R. Payne, President 373 Biltmore Avenue Asheville, NC 28801 Phone: 828-258-0076 (WL698) 9/23 9/30


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