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MONTERREY, NEW LION, STATES UNITED MEXICANS, to los_______días of the month de___________del year 2003 (two thousand three), Me Graduated ERNESTO RANGEL DOMENE, Regular Public Notary of she/he would Notice it Public Number 14 (fourteen) with exercise in the First Notarial District in the State and acting in my own Protocol MAKES CONSIST: That before me they appeared of a first part, for their own right MR. ________, to who will be denominated as THE TRUSTOR AND TRUSTEE in the successive thing TO; for a second part the company MANUFACTURER ________, Anonymous SOCIETY OF VARIABLE CAPITAL, represented in this act by their legal manager the Mr. LIC. __________, to who will be denominated as THE TRUSTOR AND FIDEICOMISARIA B in the successive thing; For a third ______________, S. A., leaves Institution OF Multiple BANKING, FINANCIAL GROUP _____________ -, FIDUCIARY Division, represented by its Fiduciary, Graduated Delegates ____________ and Graduated __________a who she/he will be denominated as THE TRUSTEE in the successive thing and they said that they happen before the undersigned Public Notary to formalize a CONTRACT OF IRREVOCABLE FIDEICOMMISSUM OF Administration, of conformity with the following declarations and clauses: D AND C L TO R TO C I OR N AND S I. - she/he Declares the TRUSTOR AND TRUSTEE TO MR. _____________ A. - That is a physical person with capacity to celebrate the present fideicommissum contract. B. - That is well owner in legitimate property possession and full domain of the following one property: (to describe the property)
she/he Declares THE TRUSTOR AND FIDEICOMISARIA B. . receiving to change for this affectation the consideration that but he is ahead it makes a pact and he settles down._________. what is justified with the payment receipts corresponding to the cadastral files Números:___________. of Monterrey. likewise apparent that said property is to the current in the payment of the Predial Tax. with exercise in the Municipality of _______. Lic. E. New León. under the Not.____e ____ it dates (__) of ______ of _____. A. which registered in the Public Registration of the Property and of the trade. . -that is their desire and will to constitute the present fideicommissum. V. Lic. in the Municipality of _____. S. II. from now on will be identified as the " Division ". of date ____ of ______de _____. New León.__ Sección I (one) property. Public Inspector of the Property and of the trade of the First Judicial district. of C. the company MANUFACTURER _________________. Libro. what is justified with the Certificate of Freedom of date Obligations _____ of ______del 2003 (two thousand three) sent by the C.That the described property is free of all obligation and responsibility. ___ Volumen ___. affecting to the patrimony of the same one. the property of their described property and identified in the parenthesis B that precedes. passing in the face of the faith of the Graduated __________. so that on this property the FIDEICOMITENTE B constitutes and develop the denominated residence division _______________. __________________: . New León. Unidad Apodaca.C. D. document that I give faith to have visible and I leave attaché to the Appendix of my low protocol the same number of this Writing and marked with the letter TO. Public Notary Non ___. document that I give faith of having visible and I add a copy to the appendix of my low protocol the letter " B ". for their legal manager's conduit. -that the described property the she/he acquired by means of public writing of sale and purchase No.
. planes.That their legal manager has capacity the present fideicommissum contract whose abilities have not been revoked him to take place. -that is their purpose to constitute the present fideicommissum to build and to develop on the described land and identified in the declaration I I incise B that precedes. limited or modified in form some.A. the " Division ".the TRUSTOR and TRUSTEE Declare TO.That is a constituted society according to the laws of the Mexican Republic and that it is authorized to act with such a character according to the General Law of Mercantile Societies." c. and the TRUSTOR and FIDEICOMIOSARIA B. B. the grant of a credit bridge which will be formalized jointly with the present fiedeicomiso. which will be carried out according to the Program of Sales." d. the TRUSTOR TO. from now on it will be identified as the Program of Construction of Urbanization. for that which will carry out the following activities: to) The urbanization and lotificación of the land given in fideicommissum of conformity with the project. That it is their purpose and will to constitute the present fideicommissum contract for the effects of carrying out in combined form the development and construction of the " Division ". affecting to the patrimony of the ." b.That to achieve such a purpose. -the construction of approximately _____ houses on the land lots that are of the " Division " whose budgets and construction specifications will settle down in the Program of Construction of Houses. she/he has propagated with the Institution of Crédito__________________. permits and authorizations of the state and municipal authorities. . .The commercialization and sale of the houses that are built in the " Division ". III. . . C.
in the terms of the Law of Institutions of Credit. . To) That is a constituted Institution of Credit according to the laws of the Mexican Republic and that it is authorized to act with such a character. C) That their representatives have capacity the present fideicommissum contract whose abilities have not been they to take place. 106. it will dedicate the resources of the credit bridge that it grants him the crédito_____________para institution to carry out the infrastructure and. urbanization of the " Division ". mandantes or . _____________.they will be TO the credit institutions forbidden: XIX. FIDUCIARY Division. D) That is their purpose to accept TRUSTEE'S position that is proposed and to protest its faithful and loyalist acting.fideicommissum the property described in the declaration I (first) I incise B of the present instrument and the FIDEICOMITENTE B. . it will dedicate the knowledge and professional experience.the TRUSTEE. Institution OF Multiple BANKING. as well as the construction. And) That made taste unequivocally like the parts the reach and legal consequences of that prepared in the first three paragraphs of the parenthesis b) of the XIX fraction of the article 106 hundred six of the Law of Institutions of Credit that she/he says to the letter: "Art.In the realization of the operations to that she/he refers the XV fraction of the article 46 of this Law: b) to Respond to the trustors. FOR CONDUIT OF HIS FIDUCIARY DELEGATES. Declares S. the material and human resources that it prepares. modified or limited in form some. likewise. FINANCIAL GROUP ___________. IV. as well as to carry out fiduciary operations in the terminois of the General Law of Holding and operations of Credit. according to the manifestations that have poured in their respective declarations. . B) That knows the purpose and will of the TRUSTOR AND TRUSTEE TO and of THE TRUSTOR AND FIDEICOMISARIA B for the celebration of the present fideicommissum contract. revoked. A. commercialization and sale of the houses room that are built on the land lots that are of this division.
of the nonfulfilment of the debtors. The TRUSTOR AND TRUSTEE TO and THE TRUSTOR and TRUSTEE. customs. A. Constitution. or of the originators. free of all obligation and responsibility. it won't produce legal effect some. command or commission constituted for the grant of credits. for the credits that are granted. for the values that are acquired. FINANCIAL GROUP ____________. the institution will transfer them to the trustor or trustees. the property possession and full domain of the described land and identified in the parenthesis B of the declaration I (first) of the present instrument. these non hubieren been liquidated by the debtors. " B " constitutes in this act and by means of the present instrument a IRREVOCABLE FIDEICOMMISSUM OF Administration and they designate as TRUSTEE from the same one to ____________." Exposed the above-mentioned. unless it is for their blame. or to guarantee the perception of yields for the funds whose investment is commended. for that which you/they transmit each one to the TRUSTEE the property of its respective goods and rights according to the following thing: A. Any pact contrary to that prepared in the two previous paragraphs. agreements improvements and all that that in fact and according to right it corresponds them. according to the case.. . according to that prepared in the final part of the article 391 of the General Law of Holding and Operations of Credit. S. Institution OF Multiple BANKING. If at the end of the fideicommissum. the parts manifest that they have knowledge of the previous declarations that all they are certain for what is their will to celebrate the present fideicommissum contract according to the following ones: CLAUSES: FIRST. servitudes. or to the mandante or constituent. with all their uses. inside the measured surfaces and .constituents. abstaining from covering its amount. FIDUCIARY Division.The TRUSTOR and TRUSTEE TO in this act and by means of the present instrument it transmits to the TRUSTEE.
C). etc. it will be enough that these they communicate the TRUSTEE in writing to have received this payments. so that the TRUSTEE is in possibility of to give for fulfilled this .The TRUSTOR and FIDEICOMISARIA B in this act and by means of the present instrument it gives the TRUSTEE the rights that she/he has acquired regarding the planes. in this act and by means of the present instrument she/he puts under an obligation to affect to the patrimony of the present fideicommissum. those which one has here had reproduced as if to the letter you transcribes.The TRUSTOR and FIDEICOMISARIA B in this act and by means of the present instrument she/he gives had transmitted the TRUSTEE the property of the necessary infrastructure works. the urbanization.boundaries with those that has been identified. the TRUSTEE pays for bill of this Trustor and Fideicomisaria B the credit bridge that grants him the Ínstitución of Crédito___________. permits. cover directly in total or partial form the credit bridge to the Institution of Crédito_________. B). D. the construction and sale of _____ houses. as well as the consideration that corresponds the TRUSTOR AND TRUSTEE TO. licenses and authorizations. the quantities of money that she/he receives for concept of the price of sale of the lands of the " Division " and of the houses that are built on the same ones that are necessary so that with this quantities of money. . . In case the TRUSTOR AND FIDEICOMISARIA B. on the land lots that are of the " Division ". the works of urbanization construction that are carried out to build and to develop the " Division ". as well as the houses room that you/they are built on the land lots that are of this " Division ". as well as the consideration that corresponds the TRUSTOR AND TRUSTEE TO according to that pointed out in the clause Seventh of the present instrument. projects. -the FIFEICOMITENTE and FIDEICOMISARIA B. for the effect of carrying out the construction of the necessary infrastructure.
PARTS. THIRD.Appointment OF TRUSTEES. The TRUSTEE: ____________. for conduit of their Graduated Fiduciary Delegates ________________. . The TRUSTEE. S. The TRUSTEE.. The present contract.obligations and to transmit the property of the land lots and the houses room of the " DIVISION " in favor of people that should acquire them. Likewise they designate as FIDEICOMISARIA C to the Institution of crédito_______. Institution OF Multiple BANKING. . they are designated this way same as TRUSTEES TO and " B " respectively. FIDUCIARY Division.quedando conditioned this appointment to that this Institution grants a credit bridge to the FIDEICOMISARIA B so that it applies the resources from the same one to the ends already signal. The parts of the present contract are the following ones: The TRUSTOR TO: SR._________. The FIDEICOMITENTE B: MANUFACTURER ________. DE C. CORP. SECOND. FINANCIAL GROUP ______________T. it will be registered in the low TRUSTEE'S countable files the No. receives in this act the physical and artificial possession of the goods properties that are transmitted in property by means of the present instrument and he makes delivery from the same ones to the Receiver designated in the Clause Tenth Fifth. V. .________________________________. for the rights that you/they acquire by means of the present fideicommissum. A. accepts TRUSTEE'S position that is conferred in this act and protest its faithful and loyalist acting.the FIFEICOMITENTE TO and THE FIDEICOMITENTE B.
. project and other documentation that it is obtained to carry out the construction and development of the " Division ". which are had here had reproduced for all the legal effects to that there is place. licenses. d) The quantities of money that she/he GIVES THE FIEDICOMITENTE AND FIDEICOMISARIA B to the TRUSTEE for concept of the price of sale of the lands in their case and of the houses that are built in the " Division " so that this she/he makes delivery to the crédito___________y Institution in their case to the TRUSTOR AND FFIDEICOMISARIO TO the quantities that correspond them. FOURTH. improvements and all that that in fact and according to right it corresponds them inside the surfaces. customs.FIDEICOMISARIO C'S rights that she/he only acquires the institution of Crédito___________son for the effect that the TRUSTEE makes him delivery of the quantities of money that dedicates the TRUSTOR AND FIDEICOMISARIA B. .of the declaration I (first) of the present instrument. c) The works of necessary infrastructure. authorizations. servitudes. THE TRUSTEE won't be responsible in case he doesn't receive from the TRUSTOR B this quantities of money. the construction of the urbanization and the construction of the houses that are carried out in the " Division ". the following goods and rights: to) The goods described properties and identified in the parenthesis B. b) The rights regarding the planes. permits. with all their uses. . agreements. measures and boundaries with those that have been identified.they Constitute the object or patrimony of the present fideicommissum. .I OBJECT OR PATRIMONY OF THE FIDEICOMMISSUM. to cover total or partially the credit bridge that this he has received.
you DIE OF THE FIDEICOMMISSUM.That the TRUSTEE starting from the date of signature of the present fideicommissum contract. rights and money that are transmitted by means of the present contract. the goods properties. and in consequence they will only be able to train regarding them the rights and actions that correspond to the ends of this contract. .and) The products and yields that are generated with the investment of the quantities of money that the TRUSTEE receives in his case. B). make delivery of the possession from the properties fideicomitidos to the Receiver of the same ones.they Constitute the ends of the present fideicommissum the following ones: To). three hundred ninety and one of the General Law of Holding and Operations of Credit. as a good family father. The TRUSTEE will always act in the terms of the article 391. . meanwhile he makes delivery of the same according to the terms of this contract. f) The other goods and rights that have to be contributed to the patrimony of the fideicommissum for the execution of the ends of the same one with posteriority. and in his moment he makes delivery of this possession to people to who The TRUSTEE transmits them the property of the lands of the Division and of the houses that are built on the same ones. designated in the clause Tenth Fifth of the present instrument who will conserve it with the rights and obligations that are necessary in this clause. that is to say. The goods or rights that constitute the object or patrimony of this fideicommissum will be considered affections to the ends of the same one. . That the TRUSTEE receives and maintain in administration. . FIFTH.
it grants in this act their consent for the constitution of the mortgage and it accepts him to not be required their consent or later ratification to grant this mortgage. Any creditor. . for themselves or for conduit of third. to guarantee to this Institution the execution of all and each one of the payment obligations that you/they derive of such credits. In the contracts or credit agreements in those that the grant of any guarantee is consigned. for instructions that in writing receives of the TRUSTOR AND FIDEICOMISARIA B.That the TRUSTEE. it will accept the responsibility that the TRUSTEE only assumes with the goods that constitute this guarantee unconditionally and therefore they won't be able to him fincar payment responsibilities to the TRUSTEE. constitute mortgage in the first place and degree on it leaves or the entirety of the goods properties that you/they constitute the patrimony of the fideicommissum. The TRUSTOR AND TRUSTEE TO. with the only made of accepting the TRUSTEE'S guarantee. - That the TRUSTEE allows or authorize the TRUSTOR AND FIDEICOMISARIA B.C). of urbanization and of construction of houses in the " Division ". as well as his commercialization. . the works of construction of the necessary infrastructure. it will be made consist that THE TRUSTEE doesn't assume any personal responsibility or of payment in any way. D). the works of construction of the urbanization and the construction of. with the goods that integrate the patrimony fideicomitido. to make regarding the properties fideicomitidos and under his bill and risk. obligation that in any event will correspond the TRUSTOR AND FIDEICOMISARIA B in their character of having credited and in the terms of the contract of respective credit. to develop and to build the " Division ". she/he will settle a declaration in this sense. to favor de__________________ in case this Institution of Credit grants the FIDEICOMITENTE B a credit bridge for the realization of the infrastructure works. In the contracts in those that the guarantees are consigned.
whenever she/he has covered the credit bridge for the part that corresponds to each land lot or housing.That THE TRUSTEE. of the land lots and the houses of the " Division ". The TRUSTEE is not forced to make this transmissions of property. .That the TRUSTEE grants the writings of transmission of property of the lots of land of the " Division " and of the built houses on the same ones. . quantities that the TRUSTEE should cover for instructions of this FIDEICOMITENTE B to the payment of the credit bridge that this he has received and to the payment of the consideration that corresponds the TRUSTOR TO. in case he has not covered.That the TRUSTEE receives of the FIDEICOMITENTE B the quantities of money that this he obtains for concept of the sale or transmission of property in execution and partial extinction of the present fideicommissum. as well as the houses that are built on the same ones. in favor of people designated to acquire this properties. transmit the property in partial execution of fideicommissum regarding the lots of land of the " Division ". for instructions that in writing receives him of the TRUSTOR AND FIDEICOMISARIA B. F. free of all obligation and responsibility. . G). if previously he doesn't receive the amount of such payments. In the supposition that one has to individualize the credit bridge that has been granted to the FIDEICOMITENTE B. in case she/he has not covered. should be canceled the mortgage that weighs on this properties. as well as to the payment of the consideration that should receive THE TRUSTOR AND FIDEICOMISARIO B. the TRUSTEE it will transmit the property of the lots of lands of the " Division " and of the houses that are built on the same ones.E. . whenever the TRUSTEE previously receives from the TRUSTOR AND FIDEICOMISARIA B the quantities of money that this he has to dedicate to the payment of the credit bridge that he receives.
the powers that was necessary for the defense of the patrimony of the fideicommissum. unless the TRUSTOR AND FIDEICOMISARIA B instructs him in the form and terms in that you/he/she should make this investments. I). of those approved by the Bank National Commission and of Values. as well as the expenses and costs of the trials or administrative procedures that are continued for the defense of the patrimony of the fideicommissum. for that which the TRUSTEE will enjoy the necessary abilities to select the values or investment instruments that it considers but convenient. for instructions that in writing alternates him the TRUSTOR AND FIDEICOMISARIA B and in their case the TRUSTOR AND TRUSTEE TO.H). J). be already of those emitted by the Institutions of Credit or for any other moral person authorized to be object of investment that you/they offer the best conditions as for yield. for the case of some administrative complaint or judicial controversy that put in risk the integrity of the patrimony of the fideicommissum. the TRUSTEE carries out the investments of the capital and reinvest his products or yields in instruments or values of fixed rent. . converge to the formalization of the acts or contracts that are required for the execution of the ends of the present fideicommissum. in any event this acts they should be carried out according to the effective legislation. . The TRUSTORS TO y"B will be responsible for paying the honorarium. . in any event they will be paid by the TRUSTOR that requests the grant of the powers or for that corresponds this way to have relationship with rights and obligations that derive of the present fideicommissum. .In general that the TRUSTEE. liquidity and security. arises affect the rights or surgiere some fact that impedes or hinder the execution of the ends of the present fideicommissum.That with the quantities of money that work in the patrimony of the fideicommissum. according to the instructions that the TRUSTORS alternate him TO and " B " grants in favor of the person or people that these they indicate him in writing by means of communication.That the TRUSTEE.
to effect that the " Division " has all the public services of water and drainage. according to the official specifications. regarding the properties fideicomitidos. as well as the total urbanization of the properties fideicomitidos.SIXTH. The TRUSTOR and FIDEICOMISARIA B puts under an obligation the guarantees that the competent authorities require for the referred works to surrender. as well as to the realization of the infrastructure construction and urbanization that it is necessary according to the Program of Construction of Urbanization and the official authorizations that are obtained to the effect.OBLIGATIONS of the TRUSTOR AND FIDEICOMISARIA B. manpower. B) she/he puts under an obligation to make the construction of the necessary infrastructure. according to the authorizations." And) she/he puts under an obligation to make the payment of all the materials. permits and official planes and according to the authorizations that are obtained regarding this goods during the validity of the fideicommissum and according to the Program of Construction of Urbanization". .they are obligations of the TRUSTOR and FIDEICOMISARIA B the following ones: To) she/he puts under an obligation to make the payment of the predial tax. the definitive authorizations that are obtained to the effect and to the Program of Construction of Houses. electricity. as well as the responsibility in front of third derived of the execution of this works. and illumination public. execution of the specifications that require this works according to the official norms. . manpower for the construction of the houses and to grant the guarantee of the . until her delivery and the liberation of corresponding guarantees. sanitary drainage. of conformity with the preliminary design urbanístico. pavimentación. C) she/he puts under an obligation to make the payment of all the materials. D) she/he puts under an obligation to carry out the construction of houses room on the land lots that are of the " Division ". She/he puts under an obligation to respond in front of the parts y/o front and third of the quality of the materials employees.
H) she/he puts under an obligation to surrender to the TRUSTEE. . publicity. it will be with the full possession of the mentioned documents. at the end of this. G) she/he puts under an obligation to that the transmission of property of the lands and of the houses of the " Division " she/he is carried out according to the market prices and to the requirements and normatividad that settle down for each house type the institutions that grant financing to acquire them. . REPARATION FOR THE CASO DE EVICICCION. the quantities of money that she/he obtains for the sale of the land lots and the housings of the " Division ". regarding the described land portions and identified in the declaration I (one) I incise B.Consideration. being low the watch and custody of the TRUSTOR and FIDEICOMISARIA B the originals of the permits or licenses before referred who will be considered as Receiver of this documents during the validity of the fideicommissum for such effects.The FIDEICOMITENTE B. etc. to cover the credit bridge that she/he receives or to cover the consideration to the TRUSTOR TO in case this she/he has not covered. she/he puts under an obligation to the reparation for the case of eviction in the law terms. honorarium. F) she/he puts under an obligation to surrender to the TRUSTEE it copies of the documents in those that she/he controls the permits or licenses that processed hubiere. SEVENTH. . equally is forced to carry out the commercialization of all the houses that is built in the " Division ". Dciga consideration will be paid according to the following thing: OCTAVE. The FIDEICOMITENTENTE AND FICEICOMISARIO TO. according to the Program of Sales".of the .construction of the same ones. in the expert that the expenses that are generated with such a reason will be to their position. the consideration that corresponds him for the transmission of property that this she carries out in favor of the TRUSTEE of the goods properties that you/they constitute the patrimony of the fideicommissum. in front of third people that acquire them according to the terms of this contract. should conserve them for any explanation that is required in the future. such as commissions. puts under an obligation to pay to the TRUSTOR TO.
that which will be made taste in his opportunity like his buyers. among the TRUSTORS TO and B. in the expert that in this sense it will act according to the expressed instructions and in writing of The TRUSTORS AND TRUSTEES TO and " B " as it corresponds.The present fideicommissum contract has character of irrevocable. . whenever rights are not affected acquired by the institution acreditante or of third people. for what none of the parts will be able to modify it or to be requested she/he leaves without effect its content. TENTH. to subscribe holding of credit and in general to carry out all the operations that it authorizes the Law of Institutions of Credit. responsibility that you/they assume certainly before the TRUSTEE. as well as the one of granting powers for the defense of the goods matter of the fideicommissum. administration and cases and collections that it requires. to perceive collections.ABILITIES of the TRUSTEE.REVOCABILITY. . circumstance is transmitted that the notary will make consist in the instrument in that he is carried out his transmission. its property.The TRUSTEE will have regarding the goods matter of the present fideicommissum. . . as well as to acquire. should have for it the TRUSTEE'S consent.present instrument. to grant receipts. by means of the celebration of the agreement respective modificatorio. neither total or partially and she/he will only be able to him to be to modify it of common agreement. Therefore The TRUSTEE is revealed of the obligation of responding of the reparation and of the eviction in the event of proceeding to the alienation of the goods fideicomitidos. in their case. all the abilities settled down in the Article 391 of the General Law of Holding and Operations of effective Credit. NOVENA. authorizing to the same one to force him in this terms before the person or people to who. . including all those of domain.
for defects or bad habits that could have the documents neither for the objections that were made to the rights of property credited by these. with violation of the clauses of this contract or of some legal norm. neither in front of third. however. The above-mentioned will become extensive to documents related with the goods and right fideicomitidos. -. Apart from this the Trustee doesn't assume more obligations than the specifically conventional ones in this instrument. acts or omissions of the parts. RESPONSIBILITY OF THE TRUSTEE: The parts suit in that the Trustee will be free of responsibility when it acts in observance of the instructions of the Trustors and Trustees TO and " B ". such as licenses. The instructions of these. in his case. of the parts or of third people that impede or hinder the execution of the ends of the present fideicommissum contract. including those in whose favor. VALIDITY OF THE TITLES: The TRUSTEE receives the property of the goods and right fideicomitidos. with base in the documentation that the TRUSTORS and TRUSTEES exhibit TO and " B " to credit the property of the same ones. . and it won't be responsible for the facts. authorizations or any others that incorporate to the project. TENTH SECOND. as it corresponds. The Trustee won't be responsible for acts of authority. the property is transmitted. permits.TENTH FIRST. they won't be completed by the Trustee when they are dictated in excess of the conferred abilities. of third or of authorities that impede or hinder the execution of the ends of this fideicommissum. therefore the TRUSTEE won't be responsible in form some in front of THE TRUSTORS AND FIDICOMISARIOOS TO and " B ". be confused or be not viable operatively.
DEFENSE OF THE PATRIMONIO FIDEICOMITIDO. as it is the case. of any situation that could affect the present fideicommissum. being his only obligation to grant him the powers and documents that require to the effect. being able to the TRUSTEE freely to demand to anyone of the interested ones that is designated a person that takes charge of exercising the derived rights of the same one or that it proceeds to their defense. In the event of urgency. the TRUSTEE will be able to carry out the indispensable acts for the defense of the goods .TENTH THIRD. . . in which case the TRUSTEE won't respond of the designated person's performance. THE TRUSTOR AND FIDEICOMISARIA B. or their respective legal representatives.the TRUSTOR AND TRUSTEE TO. they have the obligation of giving warning to The TRUSTEE.
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