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Displaying 9-23 of 24 results

AFFIRMATION/AFFIDAVIT OF SERVICE AOS JOHN DOE

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 21 (N.Y. Sup. Ct., Oneida County Feb. 21, 2025)
Defendant STATEOFNEWYORKCOUNTYOF Oneida ER1KFREDSELL,the undersigned, being duly swom, deposes and says: 1amover the age of 18 years and not a party t reside in the state of NewYork.
At the time of such service documents as JOHNDOE to be the sameperson mentioned and described in the aforementioned aforesaid (REFUSEDNAME)S/H/A JOHNDOEthe Defendant(s) in this action.
Your deponent's perception of or other person served on behalf of the of the Defendants(s), the description is as follows: Defendant(s) filing Perceived race White Color of hair Gray Age(Aoorox) Height(Aoorox) 6 ft Perceived gender Male Ottmr Features I asked the above mentioned Defendant(s) whether he or she was active That at the time of service, in, or a dependant the United States Government, or the State of NewYork and received a negative service of of a person in the military reply.
: Anthony J. Tortorelli, the undersigned, That deponent is not a party to this action, being duly sworn, deposes and says: is over 18 years of age, and resides in the state of New York.
Staw of Ntiw York Hegishalion No, 01C)368654 in Nasstm Count Qualified Cornmission Expires December B 2025 fa ,,----7--- Anthony J. Taffortfli Reliant Court Services, 1 ComacLoop Unit 1A1 Ronkonkoma,NY11779 NYCDCWPAgency Lic.# 1382164-DCA Inc,
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AFFIRMATION/AFFIDAVIT OF SERVICE AOS DANTE LENTRICCHIA

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 18 (N.Y. Sup. Ct., Oneida County Feb. 21, 2025)
Defendant(s STATEOFNEWYORKCOUNTYOFOneida ERIK FREDSELL,the undersigned, being duly sworn, deposes and says: I amover the age of 18 years and not a party I reside in the state of NewYork.
COMPLIANCEWITHADMINISTRATIVEORDER13I/20 with index number and date of thereupon affixed on DANTELENTRICCHIAS/H/A JOHNDOEat 100 HIGBY ROAD,APARTMENT1, UTICA, NY 13501 in the manner indicated below: documents with said JOHNDOE(REFUSED By delivering and leaving a true copy or copies of the aformentioned NAME)S/H/A JOHNDOE, CO-RESIDENT, a person of suitable age and discretion.Said premises being the Defendant(s)*s dwelling place.
Your the communication is from an attorney or concerns an action against address or otherwise, that deponent deposited said envelope under the exclusive care and custody of in an official the United States depository Postal Service.
ROBERTVINCENTClULLA Notary PuMic, Slate of NowYork No. 01CI6368654 Registration in Nassau Count Qualilied Commission Expires December 6 2025
: Anthony J. Tortorelli, the undersigned, That deponent is not a party to this action, being duly sworn, deposes and says: is over 18 years of age, and resides in the state of NewYork.
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AFFIRMATION/AFFIDAVIT OF SERVICE AOM OCCUPANT

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 24 (N.Y. Sup. Ct., Oneida County Feb. 21, 2025)
: Anthony J. Tortorelli, the undersigned, That deponent is not a party to this action, being duly sworn, deposes and says: is over 18 years of age, and resides in the state of NewYork.
nthony L T o li Reliant Court Services, 1 Comac Loop Unit 1Al Ronkonkoma,NY11779 NYCDCWPAgency Lic.# 1382164-DCA Inc.
that we provide you this notice about the foreclosure If for UPLANDMortgage Loan Trust Savings Fund Society, FSB as trustee We, Wilmington B (plaintiff), party and are located at 1600 South Douglass Road, are the foreclosing Anaheim, CA92806 (plaintiff address).
The notice the nameand address of the new shall provide information regarding owner and your to remain in your home.
These rights are in addition rights to any others you may have if you are a subsidized tenant under Iaw or if you are state or local federal, a tenant rent stabilization or a federal subject to rent scheme.
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AFFIRMATION/AFFIDAVIT OF SERVICE AOS DANIEL SHAHOUD

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 15 (N.Y. Sup. Ct., Oneida County Feb. 14, 2025)
Your deponent's perception of the description of the Defendant(s), or other person served on behalf of the is as follows: Defendant(s) 33.: filing Perceived gender Female ther Fçptures: Perceived race White Color of hair Brown Age(At>prox) (Approx) Height 5 ft 6 in Weight (Approx) 140 lbs I asked JANEDOE(REFUSEDNAME)whether That at the time of service as aforesaid, the Defendant(s) was in, or a dependant of a person in the military service of the United States Government, or of the State of NewYork and received a negative reply.
Your deponent deposited said envelope in an official concerns an action against under depository care and custody of exclusive the United States Postal Service.
: Anthony J. Tortorelli, the undersigned, That deponent is not a party to this action, being duly sworn, deposes and says: is over 18 years of age, and resides in the state of NewYork.
That that thereof, deponent deposited said envelope in an official under the exclusive care and custody of the United States depository Postal Service.
Nahiry Public, State ol NewYork Regisbation No. 01016366654 Quahhed in Nassau Count 82025 Commission ExpiresDeceniber
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NOTICE TO DEFENDANT (PER AO-131-20)

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 14 (N.Y. Sup. Ct., Oneida County Jan. 29, 2025)
FILED: ONEIDA COUNTY CLERK 01/29/2025 06:01 PM NYSCEF DOC. NO. 14 INDEX NO. EFCA2025-000329 RECEIVED NYSCEF: 01/29/2025 NOTICETODEFENDANT DURINGTHE CORONAVIRUSEMERGENCY,YOU MIGHTBE ENTITLED BY LAWTOTAKEADDITIONAL DAYSORWEEKSTO FILE ANANSWERTO THIS COMPLAINT.
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CERTIFICATE OF MERIT

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 12 (N.Y. Sup. Ct., Oneida County Jan. 29, 2025)
I am an attorney at law duly licensed in the State of New York, and am affiliated with the law firm of FRIEDMAN VARTOLO LLP attorneys for Plaintiff, Wilmington Savings Fund Society, FSB as trustee for Upland Mortgage Loan Trust B (hereinafter “Plaintiff”) in this action.
Upon information and belief, defendant, Daniel Shahoud, (hereinafter “Defendant”), is a resident of the property subject to foreclosure.
I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by Defendant, all instruments of assignment (if any) and all other instruments of indebtedness including any modification, extension, and consolidation.
Upon this review and consultation, to the best of my knowledge, information, and belief, I certify that there is reasonable basis for the commencement of this action, and that Plaintiff is the creditor entitled to enforced rights under these documents.
Listed in Exhibit B and attached hereto are supplemental affidavits attesting that certain documents as described in Paragraph 6 supra are lost, whether by destruction, theft, or otherwise.
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CONSENT TO EFILING Notice Regarding E-Filing

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 13 (N.Y. Sup. Ct., Oneida County Jan. 29, 2025)
DOES" said names being fictitious, it being the intention of Plaintiff to designate any and all occupants of the premises being foreclosed herein,
PLEASE TAKE NOTICE that plaintiff(s)/petitioner(s) defendant(s)/respondent(s) in the case captioned above intends that this matter proceed as an electronically-filed case in the New York State Courts Electronic Filing System (“NYSCEF”) in accordance with the procedures therefor, set forth in Uniform Rule 202.5-b and described below.
General Information Electronic filing offers significant benefits for attorneys and litigants, permitting documents to be filed with the County Clerk and the court and served, between or among consenting parties, by posting the documents on the NYSCEF Website, which can be done at any time of the day or night on any day of the week.
For additional procedures and information, see Uniform Rule 202.5-b, any e-filing protocol that may have been promulgated by the court in question, and the NYSCEF Website at www.nycourts.gov/efile.
PROMPTLY create a NYSCEF account and obtain the confidential Filing User Identification Number and Password necessary to use the system.
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EXHIBIT(S) - E Assignments of Mortgage Redacted per 22 NYCRR §202.5(e)

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 6 (N.Y. Sup. Ct., Oneida County Jan. 29, 2025)
Instrument # 2007-012904 Daniel Shahoud Oneida County 100 Higby Rd, Utica, NewYork 13501 ent recorded an 12/4/2015 in Instrument # 2015- eally Corporation of NewYork to 018013 from Househo U.S. Bank Trust, N.A., as Trustee for tion Trust, o0 hTicA City TOHAVEANDTOHOLDthe same unto Assignee and unto its successors and assigns forever, subject only to the terms and conditions Mortgage.
law because it is This document prepared by: Firm/Company: SingleSource Property Solutions Address: 1000 Noble Energy Drive, Suite 300 Zip: Canonsburg, PA15317 State, City, return to: After recording Department Meridian Asset Services, Collateral 3201 346 Street South, Suite 310 St. Petersburg, FL 33711 Inc. Loan # Loan Reference #
FORGOODANDVALUABLECONSIDERATION,the sufRciency of which is hereby acknowledged, undersigned, CITIBANK, N.A., ASTRUSTEEFORCMLTI ASSETTRUST, whose address is 38B GREENW1CHSTREET,14THFLOOR,NEWYORK,NY19013, (ASSIGNOR), does hereby grant, assign and to WILM1NGTONSAVINGSFUNDSOCIETV, FSB, ASTRUSTEEOFUPLANDMORTGAGE LOANTRUSTB, whose address is 1600 SOUTHDOUGLASSROAD,ANAHEIM,CA92996, (ASSIGNEE), together with the transferees and assigns forever, under that certain mortgage, all beneficial interest its successors, liens, and any rights due or to becamedue thereon.
Legal Description: Property more commonly described as: 100 HIGBYRD,UTICA, NY13591-O000 is nor sul pect a the requirements of Section 2?5 of the Real Properry Law because it "This arsignment the seasnd ary anmgagemarket assigenean within is an
1 father in mypresence in the County of this document as a voluntary act JANICEK, signed, sealed, attested and delivered PINELLAS, State of FLORIDA.
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EXHIBIT(S) - I Notices of Default Redacted per 22 NYCRR §202.5(e)

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 10 (N.Y. Sup. Ct., Oneida County Jan. 29, 2025)
The above referenced loan is in default because the monthly payment(s) The amount required to cure this delinquency, as of the date of this letter, suspense account.
[www.dfs.ny.gov] letter mayresult in acceleration of the sums secured by the Failure to cure the delinquency within 30 days of the date of this Deedof Trust or Mortgage and in the sale of the property.
[www.dfs.ny.gov] letter mayresult in acceleration of the sums secured by the Failure to cure the delinquency within 30 days of the date of this Deedof Trust or Mortgage and in the sale of the property.
[www.dfs.ny.gov] letter mayresult in acceleration of the sums secured by the Failure to cure the delinquency within 30 days of the date of this Deedof Trust or Mortgage and in the sale of the property.
[www.dfs.ny.gov] letter mayresult in acceleration of the sums secured by the Failure to cure the delinquency within 30 days of the date of this Deedof Trust or Mortgage and in the sale of the property.
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EXHIBIT(S) - D First Loan Modification Agreement Redacted per 22 NYCRR §202.5(e)

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 5 (N.Y. Sup. Ct., Oneida County Jan. 29, 2025)
quired to nts, and This Agreement constitutes r Servicer notice that any waiver by the Lender, Noteholder as to payment of taxes, insurance and other escrow items has been revoked.
defaults in the future or other defaults represents the entire agreemer t between this Agreernent Borrower hereby confirms that Borrower and Servicer with respect to the subject matter herein, and that no other prior statements or conditions, covenants, oral or terms, obligations, representations, of the Loan Donuments of any kind whatsoever conceming the modification otherwise, the Loan Donuments or this Agreement shall affect with the terms of that are inconsistent and effect of this Agreement.
to pay the entire outstanding balance trþ a single payment at therefore maybe required nor Leader has any obligation the Servicer or to to refinance date.
if any, Insurance Company of Hew York American Title Dec 17 2004,among First Integrated Real Estate The Talon Group, its Division, through (USA) and as amen ed and HSBC Consumer Lending
Assignment dated 12/23/14 from Household Finance Realty Co'poration recorded on 01/05/15 as Instrument York to LSF9Master Participation Trust Number: 2015-000126 in The County of Oneida, State of NewYork.
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EXHIBIT(S) - C Assignments of Mortgage Redacted per 22 NYCRR §202.5(e)

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 4 (N.Y. Sup. Ct., Oneida County Jan. 29, 2025)
Ihereby certify that the within and foregoing was recorded in the the Clerks endorsement required by Section 316 of the constitutes Real Property Lawof the State ofNewYork.
HOUSEHOLDFINANCEREALTYCORPORATIONOF NEWYORKlocated at 636 Grand Regency Boulevard, Brandon, FL 33510, assignor, of ten dollars in consideration paid by U.S. BANKTRUST, N.A., ASTRUSTEEFORLSF9 MASTERPARTICIPATIONTRUST, with address at 13801 Wireless Way, Oklahoma City, OK73134, assignee, hereby assigns unto the assignee, Mortgage dated June 25, 2007, made by DANIELSHAHOUDto HOUSEHOLDFINANCE REALTY CORPORATIONOFNEWYORKin the principal sum of $100,796.78 and recorded on June 28, 2007 in the Oneida County Clerk's OfEce as Instrument No. 2007-012904.
2014 from HOUSEHOLDFINANCE REALTY of Mortgage dated December 23, Assignment CORPORATIONOF NEWYORKto LSF9 MASTERPARTICIPATION TRUSTand recorded on January 5, 2015 in the Oneida County Clerk's Office as Instrument No. 2015-000126.
($10.00), corrective for the name of the Assignment of Mortgage is submitted *This in order to correct recording assignee from LSF9 MASTERPARTICIPATIONTRUSTto U.S. BANKTRUST, N.A., AS TRUSTEE FORLSF9 MASTERPARTICIPATIONTRUSTin the assignment of mortgage recorded on January 5, 2015 in the Oneida County Clerk's Office as Instrument No. 2015-000126. at 100 Higby Road, Utica, NY13501 Covering said premises located Section:329.20 Block: 2 Lot: Commonly described by the legal description TOGETHERwith the note or notes therein the money due and to become due described or referred to, and all to accrue under said mortgage/Deed of Trust/Security thereon with interest, accrued or rights Deed.
MAP, SAID STREET BEING NOWKNOWNAS RIDGE ItOAD: THENCEFROM SAi: PO)NT Or BEGINNING, SOUTH53 DEG $7 MJN EAST F lf TY-F IVE ANC 551100 155 55) FEET ALONGTHE SAID i INE OF HiGBV ROAO: THENCEIN A REVERSEDI RECTIONCURV!NG 10 THE LEFT ON Idh ARC
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NOTICE OF PENDENCY

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 11 (N.Y. Sup. Ct., Oneida County Jan. 29, 2025)
NOTICE IS HEREBY GIVEN, that an action was commenced upon the Complaint of the above Plaintiff against the above-named defendants and is now pending in the Supreme Court of the State of New York, Oneida, for the foreclosure of a mortgage executed on June 25, 2007, by Daniel Shahoud in favor of Household Finance Realty Corporation of New York.
Assignor: Household Finance Realty Corporation of New York Assignee: LSF9 Master Participation Trust Dated: December 23, 2014 Recorded: January 5, 2015 Instrument No.: 2015-000126
Assignor: Citibank, N.A., as Trustee for CMLTI Asset Trust Assignee: Wilmington Savings Fund Society, FSB, as Trustee of Upland Mortgage Loan Trust B Dated: June 27, 2018 Recorded: July 10, 2018 Instrument No.: 2018-009455 NOTICE IS HEREBY GIVEN, that the mortgaged premises described in the mortgage affected by the foreclosure action was, at the time of the commencement of this action and at the time of the filing of this Notice, situated in the County of Oneida, State of New York, and is described in “Schedule A” attached hereto and made a part hereof.
land in the City of Utica, County of Oneida and State of NewYork, situate on tract or parcel of that All "Hugh R. side of Higby Roadand shown Lot No. 17 in Block Ron a mapentitled the southwesterly - Mapof Lots on Rigby Road, Utica.
N.Y.", made by Clifford Jones Company,Inc., Benton Tract Lewis, Jr., Civil Engineers and Surveyors, in Oneida County Clerk's Office July 2, 1926. filed July 2, 1926, Excepting and Reserving from said lot as shown on said mapthe following described triangular parcel line of Higby Road with the intersection of the southwesterly of land; Beginning at the point of line of a street shown on said map, said street being nowknown as Ridge Road; thence from easterly south 53° 57' east fifty-five and 65/100 (55.65) feet along the said line of Rigby said point of beginning, Road; thence in a reverse direction curving to the left on the arc of a circle having a radius of 25 feet, a and 43/100 (57.43) to a point on the easterly line of said Ridge Road; distance of fifty-seven feet thence north 5° 34' west fifty-five and 65/100 (55.65): feet to the point of beginning.
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EXHIBIT(S) - A Note Redacted per 22 NYCRR §202.5(e)

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 2 (N.Y. Sup. Ct., Oneida County Jan. 29, 2025)
located on the real propedy securing You shall keep the structures loan insured against damage caused by fire and other physical your hazards, nameus as a loss payee and deliver to us a foss payable endorsement.
interest protecting Homeowners Insurance fire and other hazards on the real covering is required, naming us as a loss payee for the term property security loan.
Weor an have no obligation to obtain the lowest receive somebenefit from the placement company might affiliated and you will be charged for of this the full cost of the insurance premium without for any such benetit.
If youdon't pay on time or fail to keep any required insurance in force, in the event of default under the Mortgage, (1) all your or if permitted payments maybecome due at once, and (2) without you notifying before bringing suit, we maysue you for the entire unpaid balance of Principal and acamed Interest and (3) any judgment in our favor may include our reasonable attorney's fee and court costs as determined by should we obtain judgment against the court.
toan rule, is finaUy determined to be void or unenforceable under any law, of this agreement If any provision remain valid and enforceable.
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EXHIBIT(S) - F Second Loan Modification Agreement Redacted per 22 NYCRR §202.5(e)

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 7 (N.Y. Sup. Ct., Oneida County Jan. 29, 2025)
A permissible change would be any transfer by law to allow, the Lender is required that remove a family member, spouse or domestic partner to add or the such as a transfer of undersigned in the event of a death, divorce or marriage; incomethat your household receives; D. Youhave provided documentation for all you have provided all documents and information to the Lender E. Under penalty of perjury, the documentsand information regarding your eligibility connection with this Agreement, including the Program, are true and correct; for 2.
of the Loan Documents, any other provision M. That, as of Effective Date, notwithstanding the Modification without is sold or transferred the Property or any interest if all or any part of Lender's prior written in it immediate payment in full of all sums secured by the Mortgage.
Section the Note and Deed of Trust/Mortgage, Pursuant this Agreement is entered into in order business between the Lender and you, to seek or obtain periodic of in rem relief payments associated with a valid security in lieu of pursuit the lien.
I f you are interested referred in setting up Auto Draft your we encourage new modified you to mortgage for our website payinents, visit at "Payment Options" for more details and to download the required www.carringtonmortgage.com under forms.
If you have questions regarding the Documents or experience difficulty reviewing the information, please a Loss Mitigation by calling, 1.800.561.4567, Monday - Friday 9:00am to 7:00pm [Eastern consult Specialist Standard Time].
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EXHIBIT(S) - B Mortgage Redacted per 22 NYCRR §202.5(e)

Document Wilmington Savings Fund Society, FSB as Trustee for Upland Mortgage Loan Trust B v. Daniel Shahoud et al, EFCA2025-000329, 3 (N.Y. Sup. Ct., Oneida County Jan. 29, 2025)
including payment of all other sums, with interest thereon, advanced in accordance herewith this Mortgage to protect of the security few and other expenses incurred Lender's reasonable in connection with foreclosure as permitted by attorney's including the performance of the covenants and agreements of Borrower Borrower does law; and (4) berein applicable contained, grant and convey to Leader and Leader's successors and assigns hereby mortgage, the following described property "Property") (herein State of NewYork.
on the premises insured the Borrower wiH keep the buildings loss by fire for 2, against assign and deliver and thar hehiw to the Leader, the policies benefit of that be/she will the Lender; any premiums paid reimburse the Lender for will for and delivering or in so assigning Borrower's default in so insuring the policies.
Each Periode (if any), hazard or property covering the Froperty, flood insurance insurance items which are calM toward payment of Paymentwill an amount to he spplied include the following "Escrow Items:" (1) The taxes, assessments, charges, on the Propert water charges, sewer rents and other similar as a Lien on the Propem Law may be superior Instrument which under Applicable to this Security is made against demand or charge that because an obligation Any claim, hee has not property is known as a "Lien fulfilled (2) The leasehold payments or ground rentson the Property (if any): (3) The premium for any and all by Lender ander Section insurance required and Instrument; the amount Dues, Fees required If
Title Lien Law Section Defauh Sale Receiver Assumption Notices Nooral changes Whois bound Arbitration Rider to Note on the amount (c) Adjustments to the Escrow Punds.
musFIEDNCNNc STATEOFNEWYORK,COUNfYOF On the it1 the year of 20 day of in and fo--said State, permmally appeared a Notary Public undersigned, known to meor proved to meon the basis of satisfactory personally e-idence-iB-Ee-the Individual(s) instrument and acknowledged to me that htvshehhts whose name(s) to the within subscribed is (are) executed the same in and that on 1be his/herftheir by his/herltheir capacity(fes), signature(s) acted.
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