AN ACT - Free American



A JUBILLE ACT

An Act Declaring a 10-year Moratorium of Unsecured Debts Owed to Various Financial Institutions by the Homeowners of Massachusetts and For Other Purposes.

Be it Enacted by the Legislative Assembly of the State of Massachusetts:

Massachusetts General Laws is hereby amended by inserting after section 18(c) 5 in Chapter 183C the following: “including debt forgiveness as specified in the Jubilee Act of 2014”

SECTION 1. SHORT TITLE.

This Act may be cited as, “The Jubilee Act of 2014 for a 10-year Moratorium on Foreclosures ”.

SECTION 1A. An immediate moratorium for ten years on foreclosures of any mortgages that are, or ever were, registered at MERS, (Mortgage Electronic Registry Service). And an immediate re-instatement of home-owners to their foreclosed homes initiated by the illegal MERS “power of sale” provision in the mortgage…not mentioned in the mortgage note.

SECTION 2. FINDINGS.

I find the following:

1) Many homeowners of various income levels have been struggling under the burden of debts for many years without realizing the flaw in the system itself and the deception created at closing. See Web of Debt by Ellen Brown, J.D.

2) Registrar of deeds, John O’Brien, revealed the results of an independent audit in the Essex Southern Registry of Deeds in Massachusetts, that during 2010, 75% of assignments of mortgages are invalid; June 30, 2011.

3) Our current monetary system based on increasing Debt that creates increasing interest payments that are UNPAYABLE is usurious, immoral and ultimately creates bankruptcy and foreclosure by its very nature. A major reason why the original mortgage/note contract is void/voidable.

4) In the past, before 1999 and the repeal of the Glass-Steagall Act of 1933 with the passage of the Gramm-Leach-Bliley Act of 199, foreclosures were mostly worked out with the original lender and borrower and foreclosures were rare. Today just the opposite has happened. Banks were able to “Securitize” their loans.

5) MERS is purported to be illegal in Massachusetts: (see MERS documentation by Tim A. Bryant and Rocky Ludden

6) There are over 58,000 foreclosures in the past four years in Massachusetts. (See;

7) Securitization of Various Loans have occurred blurring ownership. No bank/servicing agent or trust or MERS has the right to LEGALLY foreclose on a Securitized loan.

8) Splitting the promissory Note from the Mortgage has occurred.¹

9) Strong evidence for lack of Transparency and Fraud Issues have occurred in Ownership.

10) Courts are backed up in litigation.

11) Courts are under-funded.

12) Land Courts are not common law courts

13) There has been no clear Certifiable Original Documentation produced in Court cases.

14) Most all mortgage contracts are illegal and fraudulent conveyances by their very language which contains incorrect sentence structure. Note: There is a solution: syntax correct language.

15) Various State Legislators are suggesting, “squatting in your home.”

16) Since MERS (Mortgage Electronic Registry Service) was created in 1977 more than 66 million Mortgages have been registered. See “First, the electronic mortgage super-highway. Then, the pileup”: The Washington Post 1/2/11

17) Massachusetts Supreme Court ruled on January 7, 2011 in the Ibanez case that the mortgage servicers could not prove that the Trusts that supposedly owned the mortgages had any standing.

18) Massachusetts Attorney General Martha Coakley submitted briefs for amici curiae in the Ibanez case.

19) Robo-signers not allowed in Massachusetts’s Land courts. Clearly showing the fraud trying to be perpetrated.

20) Bank of America, largest U.S. lender “significantly hindered” a federal review of its foreclosures on loans insured by the Federal Housing Administration. It has failed to cooperate with the government by being slow and offering incomplete information. Bloomberg June 15th 2011

21) Various Massachusetts homeowners HAVE PROOF that their promissory notes/loans have been paid off.

Finally: No NEW creditor has ever, in my research, informed the borrower of the new creditor. This federal law was broken: ( see ADDENDUM # _)

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A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort. Herm Albright (1876 - 1944)

Testimony of David Snieckus for House Bill 938

Sometime in 2014

I petition The Joint Committee on Financial Services to begin legislation to place a 10-year moratorium on the foreclosure process in the State of Massachusetts for a variety of reasons, including a fundamental change in our thinking on how money is created and ask for help in that process. I believe the mortgage finance industry has used illegal and fraudulent processes to manipulate individuals, courts and investors by putting forth an adhesion contract at the closing, disregarding the time-honored registry of records, blatantly submitting false letters to homeowners and counterfeiting documents to the courts and investors. Bankers and banker’s lawyers along with MERS, an electronic registry of mortgages, have been able to “steal” homes from people unable to defend themselves against such a DECEPTIVE AND WELL-CO-ORDINATED FORCE.

House Bill 938 could read: An immediate ten year moratorium on foreclosures of any mortgages that are, or ever were, registered at MERS, (Mortgage Electronic Registry Service). And an immediate re-instatement of home-owners to their foreclosed homes initiated by the “illegal” MERS “power of sale” provision in the initial “four corners’ of the mortgage …not the mortgage note.

Loan forgiveness or relief is surely debatable. But, Mr. DeMarco, who has his current position due to executive power (being appointed by for President Bush), is being insubordinate to President Obama. And such, President Obama has the right to seek his replacement.

eckus1 day ago

Debt forgiveness is NECESSARY in our debt based monetary system....always has been and always will.....when you know that foreclosures and bankruptcies are MATHAMATICALLY inevitable in our debt based monetary system..... (See The Debt We Shouldn’t Pay in Addendum # ___and STOP PAYMENT in Harper’s January 2012 Addendum # __.)

davidsnieckus1 day ago

Debt forgiveness is NECESSARY in our debt based monetary system....always has been and always will.....if you see/know that foreclosures and bankruptcies are inevitable in our debt based monetary system.....in Massachusetts I have house bill 938 to testify at. It's called the Jubilee Act of 2013. Help me make it fair....davidsnieckus2@

From my research, bankers and their lawyers are NOT playing an honest game. They need to be sent a message because they are knowingly STEALING peoples’ homes through misleading contracts and false representation at the closing, submitting fraudulent documents on our courts, sending false letters of ownership to homeowners to foreclose. Saying it just a little bit stronger: Bankers and lawyers are lying, stealing, cheating and taking advantage of our ignorance of contract law. And to level the playing field, bankers and their lawyers must give us our homes and our money back! Our current debt-based monetary system has for over 1000 years acted against the public interest. Wouldn’t it be great to turn this around?

Let me give you a couple of choices: One: legislate a 10-year moratorium on foreclosures or two: legislate that EVERY foreclosure secure through discovery, in or out of court, all the collateral and/or custodial files and All electronic entries in the “lender’s” accounting, including financial, and general ledge systems and every document in the custodian’s tracking system.

Hopefully, you will choose the former… a ten-year moratorium on foreclosures, time to re-set our economy….after all…it’s only GOOD business to have MORE money available to spend on goods and services than paying a debt we likely DON’T OWE!

Three Quotes and Five Reasons for a 10-year moratorium on foreclosures:

UNDERSTANDING MONEY

“All the perplexities, confusion and distress in America arise not from defects in their Constitution or Confederation, nor from want of honor or virtue, so much as downright ignorance of the nature of coin, credit, and circulation.” John Adams (from a 1787 letter to Thomas Jefferson)i

Thomas Jefferson’s response:

“And I sincerely believe, with you, that banking establishments are more dangerous than standing armies; and that the principle of spending money to be paid by posterity, under the name of funding, is but swindling futurity on a large scale.” “Bank-paper must be suppressed, and the circulating medium must be restored to the nation to whom it belongs.” Thomas Jefferson

“The study of money, above all other fields in economics, is one in which complexity is used to disguise truth or to evade truth, not to reveal it. The process by which banks create money is so simple the mind is repelled. With something so important, a deeper mystery seems only decent.” John Kenneth Galbraith

Is the truth evaded and disguised? Are banking establishments more dangerous than standing armies? Is there a deeper mystery? Is the monetary system fundamentally flawed? Is there another way to understand money?

When we understand money, we will know that we, as a society, or community, can have all the money needed to pay for everything we consider worthwhile.

When we understand money, we will know that money is an accounting system.

Five (5) great reasons to consider a 10-year moratorium on foreclosures in Massachusetts

First and foremost it should be self-evident that mathematically, in this current debt-based units of accounts economic system, where interest is added to the principal on a debt, foreclosures and bankruptcies HAVE TO HAPPEN. Isn’t that self-evident? In order for any loan to be re-paid with principle and interest…. many others, (the johnnie come latelies must borrow, creating new loans…creating NEW money….ALL the time…..JUST a fancy, well-established Ponzi scheme….called usury.

However, what may not be self-evident to all is:

Second: As far as I can figure out, banks never ever lend any money. Therefore, there is no valid contract since there is no consideration. Consideration, the money, being a pillar of a legal contract is absent. See Contracts: Brian A. Blum. In addition, banks have been able to earn perpetual interest on “nothing”---“no-contract”.

Third: In creating “THAT NO” contract, banks and their lawyers have used deceptive language to extort money called adverb-verb in their con game or scam or Ponzi scheme for centuries to take advantage of the unskilled purported borrower or “American Dreamer.”

Fourth: Banks have covered up the fact that the original negotiable note under UCC 3 was sold …illegally and that once securitized the note falls under UCC article 8 & 9 and have clouded the title of the at least 38,000 mortgages in Massachusetts through:

• Securitization which has allowed banks to turn illiquid assets of individual mortgage loans into marketable securities.

• Filing through an improper electronic registration system

(MERS) thereby avoiding the paper work and fees at their local Registration of Deeds office. And

• Robo-signing

FIFTH: Homeowners actually already own their own homes because no bank or bank executive EVER signed the Mortgage notes….another criteria for a legal mortgage…..And most were paid off when the original lender sold it for a profit. This was done without informing the signer of the promissory note. It’s false and misleading information

Furthermore, by law, part of the proceeds from selling the mortgage note should have gone to the homeowner. One could follow the money and the law for more evidence: There are services available for that.

NOTE: For list of homeowners who have had a Securitization audit and Bloomberg report done to show that the original loan has been paid off and are actually owned money are available upon request.

Finally: I believe it is time for Banks, all banks, operating in the COMMONWEALTH OF Massachusetts, to stop the exploitation of people's ignorance. They are exploiting their ignorance, lack of knowledge, and lack of comprehension...THAT is what defrauds people.  Citizens of this great Commonwealth have been misled from the moment of conception of a mortgage loan. They “THINK” they were loaned money. They were not. I repeat, purported borrowers were not lent money. Every banker will tell you that. The purported borrower created NEW Money for the economy. Their money….OUR MONEY!

And we must begin the long educational process to inform the homeowners of this great state of Massachusetts that they serve a DUAL role: that of borrower and lender….NOW that is a challenge!

AND….

“It is really up to each of us to demand, require, and force an accounting for the money that has been taken out of the system and stolen from creditors and borrowers BEFORE we allow another foreclosure.” ---Neil Garfield, livinglies.me

We are the holder in due course…..and we must take responsibility for that!

MORE:

In the Addendums I have provided information for your review that:

• Re-states the people’s control of the state of Massachusetts in the Preamble of the Massachusetts Constitution.

• MERS is the mortgage industry’s placeholder (so-called nominee) of fictitious mortgage notes. And thereby should be shut down.

• The Massachusetts Division Of Banks is a member of MERS

• Press Releases and Letters to editor and Miscellaneous Information

• Letter to Chairman Bernanke from Senator Elizabeth Warren

• Information on Foreclosures, Notes, UCC Code, Securitizations and Trusts.

Addendums:

1. Preamble to the Constitution of Massachusetts by We the people.

2. Understanding Money by John Root Jr.

3. Decoding the MERS Mortgage By Rockwell P. Ludden

4. MERS Authority “as nomine” : Show Me the Nomination! By Tim A. Bryant (March 2013)

5. Press Releases by John O’Brien, Registry of Deeds.

6. Letter to editor by John O’Brien, Registry of deeds.

7. Letters to Attorney General Martha Coakley dated May 9, 2012, and June 5th 2012.

8. 2011 Foreclosure Trends Report by Division of Banks, Commonwealth of Massachusetts

9. Massachusetts Division of Banks (DOB) as member of MERS.

10. Letter from Senator Warren dated April 10, 2013 to Commissioner Bernanke. And another letter dated May 14, 2013.

| | |

11. Mortgage Foreclosures, Promissory Notes, and the Uniform Commercial Code by Douglas J. Whaley

12. Securitization by Robert Marley

13. Securitization 1 by Michael Magugu, CPA

14. First, the electronic mortgage superhighway. Then the pileup. The Washington Post, Sunday, January 2, 2011

15. Now UCC Me, Now you don’t: the Massachusetts Supreme Judicial Court Ignores the UCC in Requiring Unity of Note and Mortgage for Foreclosure in Eaton v. Fannie Mae by Christopher Cifrino: Boston Law School.

16. The Big Lie: MERS Mortgages in Massachusetts by Jamie Ranney

17. YOU CAN’T TRUST THE MORTGAGE PAPER TRAIL by Nye Lavalle

18. It’s The Lawyers, Stupid! By Timothy Paul Madden

19. Report of the Permanent Editorial Board for the Uniform Commercial Code: November 14, 2011

20. The Debt We Shouldn’t Pa by Robert Kuttner: The New Yourk review of books: Debt: The First 5,000 Years by David Graeber

21. SECURITIZATION:THE TRUST AND TRUSTEE, NEW YORK LAW

AND MASSACHUSETTS LAW

22. State of North Caroline: Registry of Deeds vs. Defendants

23. Foreclosing on Nothing: The Curious Problem of the Deed of trust Foreclosure Without entitlement to enforce the Note by Dale Whitman and Drew Miller

24. MERS TOO MANY DEAD DUCKS by Deadly Clear

25. Synopsis of SHELL GAME MERS by Robert Janes

26. THE PAPER CHASE by Adam Levitin

RESOURCES:

• Web of Debt by Ellen Brown

• Public Banking Solution by Ellen Brown

• Creature from Jekyll Island by G. Edward Griffin

• The Financial Crisis Inquiry Report: Official Government Edition

• Occupy MONEY by Margarit Kennedy

• Clouded Titles by Dave Krieger

• Fighting the Foreclosure Machine by Robert Janes

• Shellgame: MERS by Robert Janes

• OVERCOMING FORECLOSURE by Norman Sirak

• Sacred Economics by Charles Eisenstein

• The Lost Science of Money by Stephen Zarlenga

• Debt The First 5,000 years by David Graeber

• America beyond Capitalism by Gar Alperovitz

• Money by Thomas Greco, Jr.

• Contracts by Blum

¹ By Tim Bryant: “Not only that, but the promissory note has been split into numerous obligations through securitization, sales of "servicing rights", collateral debt obligations, interest rate swaps, credit default swaps, supplemental interest trusts, credit enhancement, underwriting agreements, whole loan purchase agreements, monoline insurance contracts, and every other form of equity stripping of the note that occurs. All of these are impossibilities under a UCC Article 3 negotiable instrument. Bank notes are legal tender, and cannot be circulated for less than it's face value (dollar-for-dollar). MGL Ch. 267 Sec. 23 makes this a criminal act. Also, a non-bank cannot use a note as currency under MGL Ch. 267 Sec. 21. When Depositors sell the notes to the Underwriters, who then convert the notes, strip the face values into fractional pieces, and sells them as securities, they are violating both of these criminal laws. The trusts then fraudulently connect all of these securities to represent an additional instrument, which is the wet-ink note which was also "sold" to the trust by the Depositor. This is a crime under MGL Ch. 267 Sec. 24.  The second "sale" of the notes to the trust by the Depositor are also crimes under MGL Ch. 267 Secs. 27 & 28.

The mortgage themselves, are also split under a MERS mortgage. MERS claims to hold the "legal title", while the Lender holds the "beneficial interest". This makes the mortgage two separate instruments, a UCC Article 7 "document of title", and a UCC Article 9 "security instrument". This is another impossibility. MERS gives no consideration to which they can receive the consideration of the deed to the borrower's property. And if MERS is the legal owner, then the Lender is not secured under Article 9, and cannot perfect it's security interest. The mortgage is then split again to create another UCC Article 7 "document of title" held in bailment by MERSCORP. This becomes the undisclosed transferable record, in violation of every MERS mortgage's applicable law provisions.”

Addendum #1

"We, therefore, the people of Massachusetts, acknowledging, with grateful hearts, the goodness of the great Legislator of the universe, in affording us, in the course of His providence, an opportunity, deliberately and peaceably, without fraud, violence or surprise, of entering into an original, explicit, and solemn compact with each other; and of forming a new constitution of civil government, for ourselves and posterity; and devoutly imploring His direction in so interesting a design, do agree upon, ordain and establish the following Declaration of Rights, and Frame of Government, as the Constitution of the Commonwealth of Massachusetts." - Preamble

Addendum # 2

Addendum #3

Addendum #4

ADDENDUM #

Section 1641 is the operative section, and requires disclosure and notice under Federal Law;

"(4) Notice

Any person who sells or otherwise assigns a mortgage referred to in section 1602(aa) 1 of this title shall include a prominent notice of the potential liability under this subsection as determined by the Bureau."

"(g) Notice of new creditor

(1) In general

In addition to other disclosures required by this subchapter, not later than 30 days after the date on which a mortgage loan is sold or otherwise transferred or assigned to a third party, the creditor that is the new owner or assignee of the debt shall notify the borrower in writing of such transfer, including—

(A) the identity, address, telephone number of the new creditor; (not the servicer !!!)

(B) the date of transfer;

(C) how to reach an agent or party having authority to act on behalf of the new creditor;

(D) the location of the place where transfer of ownership of the debt is recorded; and

(E) any other relevant information regarding the new creditor."

Addendum # 5

Massachusetts Register of Deeds John O’Brien is first in the nation to say no to 

recording robo-signed documents; North Carolina Register of Deeds, Jeff Thigpen 

agrees.  

FOR IMMEDIATE RELEASE

Salem, MA

June 7, 2011

Saying "the buck stops here" Massachusetts Southern Essex District Register of Deeds, John O’Brien today rejected 2 robo-signed documents submitted to his Registry for recording and plans to continue doing so.  "My Registry will not be a knowing participant in this fraud against homeowners.  From today forward, lenders be on notice, the Southern Essex District Registry of Deeds will not record robo-signed documents."  The rejected documents contain the signatures of three known robo-signers, Linda Green, Korell Harp and Linda Burton.

According to O’Brien,  in his Registry he has 22 different variations of  Linda Green's signature nd 5 different variations between Korell Harp and Linda Burton.  "I find this practice very troubling on many levels.  It has completely jaded my understanding that a notarized document was something that could be relied upon." stated O’Brien.  In Massachusetts, notaries must take an oath of office, under the pains and penalties of perjury.  "If these documents are signed by anyone other than the noted signatories, these notaries and those that employed them should be held accountable for the fraudulent documents that they have produced and the havoc they have caused to chains of title everywhere." 

 

O’Brien says that he will record the documents, at such time as the law firm and/or the lender presenting the documents for recording, sign a notarized affidavit, under the pains and penalties of perjury, that they certify the authenticity of the signatures, including the notary's on the recording.  O’Brien's cover letter and requested affidavit call attention to the Massachusetts General Laws, Chapter 266, Section 35A, which makes it illegal to record a document that contains false information with a registrar of deeds. The affidavit that O’Brien is asking for, states that the signatory of the affidavit accept full responsibility, should any of the statements be incorrect which could corrupt or cloud the homeowner's chain of title. 

 

Register O’Brien is completing an internal investigation into robo-signed documents and expects to release a full report on the number of robo-signed documents recorded in his office shortly. In May, Register of Deeds Jeff Thigpen in Greensboro, NC sent state and federal regulators over 4,500 robo-signed documents submitted by DocX. DocX is owned by Lender Processing Services which is used by Wells Fargo, Bank of America, and MERS amongst others. Those documents included 1,947 signed by Linda Green with 15 different signature variations and 373 documents signed by Korell Harp with 4 signature variations.  Thigpen joins O’Brien's effort saying "The basic question here is whether we as Recorders are going to sit on our hands, in the face of what appears to be clear fraud or are we going to stand up for 400 years of integrity in land records? John is on the right side of this question and these are reasonable actions that he is taking."

 

Register O’Brien said, "Knowing what I now know, it would be a dereliction of my duties as the keeper of the records to record these documents and any other documents that contain 

questionable signatures.  To do so, would make me a willing participant in a continuing scheme which has corrupted the chain of title of thousands of Essex County property owners. I have decided to put a stop to this reckless behavior and hold these lenders and their agents accountable for the authenticity of what they are attempting to record in my Registry. I do not believe this to be unreasonable." 

 

O’Brien understands that this may be the first time that a Register of Deeds has refused to record a robo-signed document.  However, he feels that someone must be accountable to the homeowners, especially the ones being foreclosed upon. He feels that if the lenders are not paying attention to preparing correct documents, then the individual notaries that are acknowledging these signatures must be aware that what they were doing was wrong and has consequences. 

"Now that Register Thigpen has joined with me, I am hopeful that my other colleagues around the country will also take the same action.  I strongly believe that this will send a message, loud and clear, that we as Registers and Recorders of Deeds, whose responsibility it is to protect the integrity of the land recordation system, will not be a party to any fraudulent scheme that may damage individual's property rights" said O’Brien.

From Tim Bryant:

The power of sale is contained in the mortgage, not the note. MERS is not a party within the "four corners" of the note, never endorsed it, nor ever had any beneficial interest in it, so cannot enforce any equitable rights under it (no matter what the mortgage states). 

• "(6) Splitting the promissory Note from the Mortgage has occurred."

Posted by POWinCA on February 01, 2011 at 04:14 AM EST

The housing and financial crisis was caused by MANY factors. There was a worldwide search for yield from global capital imbalances and low treasury rates. The US and other countries had enormous subsidies and incentives for residential and commercial investment. GSE purchases of loans and MBS fed liquidity into the system. Affordable mortgages enabled people to bid prices up. These created soaring expectations of price appreciation, feeding the frenzy of buying and lending, and distorting asset pricing models. Risks that are normally diversified in MBS became systemic. Poor compensation structures rewarded short term gain through assumption of tail risk. Regulators were constrained by rules and political pressure from applying the brakes. Mistakes in risk weighting caused a coordinated regulatory arbitrage into MBS rather than treasuries. Lenders avoided risk of poor underwriting by selling loans to GSEs or for securitization. Municipalities, greedy for tax money, did nothing to restrain development. Federal Home Loan Banks were filling banks with advances for loan origination. Banks used flighty brokered deposits to fund loans. When residential prices peaked, banks turned to commercial loans and started a bubble there. We had two top rated tv programs about flipping houses!

So just about everyone from carpenters to developers, to buyers, to mortgage brokers to realtors, to loan officers, to government enterprises to investment bankers to television producers to regulators to politicians to Chinese ALL were to blame for this crisis.

You know who wasn't to blame? ME, the patient renter who didn't drink the housing and financial kool aid.

But guess who gets to pay for the bailouts of deadbeat borrowers, stupid bankers, low-skilled construction workers, corrupt politicians, and financial fat cats? ME.

Some evidence that the banks STEAL not only from the homeowners but from the investors too!

To All:

Below are some links to articles that describe some recent action that the SEC has taken against some banks involved in RMBS trusts  ... on behave of the investors in these securitization deals.

It describes various Security Law violations committed by the banks, along with some of the inner workings of repurchase agreements under the PSA's of the REMIC trusts.

One interesting thing is how they describe a practice know as "bulk settlements" that these banks engaged in with respect to delinquent loans in the REMIC's and how the banks negotiated these bulk settlements with the originators of the loans.

"Loan originators were usually required by contract to buy back loans that suffered early payment defaults or had other defects. However, Bear Stearns frequently negotiated discounted cash settlements with these loan originators in lieu of a buy-back on loans that were owned by the RMBS trusts. The firm - both before and after the merger with J.P. Morgan - then kept most of the bulk settlement proceeds. The firm failed to disclose the practice to investors who owned the loans."

So, the banks negotiated a cash settlement for a defective loan and instead of putting that money back into the trust, they just pocketed the cash and never told the investors in the trusts about it ... nice work if you can find it! 

Another interesting thing is that, in it's complaint, the SEC is acknowledging that the INVESTORS in the REMIC trusts are the OWNERS of the loans.

This is the main article:



This is a more detailed version:



In case you missed it in school here are the steps to a good oral or written essay.

1. State your hypothesis in one or two sentences.

2. State the reasons for your hypothesis in two or three short paragraphs. This is where you add in facts and quotes with citations.

3. Summarize your original hypothesis, rephrase number one.

Tips. Be clear, concise and to the point, don't use slang and say exactly what you mean.

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