03-783�/�'i�i/11f�- /-/�r�vsH �7 �do3
RESOLUTION
CITY OF SAINT�AUL, MINNESOTA
Presented By
Referred To
Committee: Date
�l2
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1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council
2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and
3 removal of a two-story, wood frame, single family dwelling located on property hereinafter referred to as
4 the "Subject Property" and coxnmonly known as 487 Bay Street. This property is legally described as
5 follows, to wit:
The East 25 feet of Lot 1, Block 1, Scheffer's Addition. The South one half of the East one
half of Lot 2, Block 1, Scheffer's Addition. The East 25 feet of the North one half of Lot 2,
Block 1, Scheffer's Addition
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11 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
12 obtained by Division of Code Enforcement on or before March 07, 2003, the following are the now lrnown
13 interested or responsible parties for the Subject Property: Michael D. Cantu / Louise Cantu, 487 Bay Street,
14 St. Paul, MN 55102-3817; Michael D. Cantu / Louise Cantu, John and Paul's Bar (a.k.a. Mateyka's),
15 731 Randolph Avenue, St. Paul, MN 55102; U.S. Bank National Association, as Trustee for MASTR Asset
16 Backed Securities Trust 2002-NCl (c!o Ocwen Federal Bank}, c(o Leonazd, O'Brien, Wilford, Spencer &
17 Gale, Ltd., 55 East 5`� Street, Suite 800, St. Paul, MN 55101; Ocwen Federal Bank, c/o Mary Jo Oren, Oren
18 Realty, P.O. Box 17902, St. Pau1, MN 55117
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WFIEREAS, Division of Code Enforcement has served in accordance with the provisions of
Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance
Building(s)" dated July 1, 2003; and
WHEREAS, this order informed the then known interested or responsible parties that the structure
located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by July 16, 2003; and
WHEREAS, the enforcement officer has posted a placazd on the Subject Property declaring this
building(s) to constitute a nuisance condition; subj ect to demolition; and
WHEREAS, this nuisance condition has not been corrected and Division of Code Enforcement
requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City
Council and the Saint Paul City Council; and
Council File �# p3-'1$3
Green Sheet # � �7L�V
AA-ADA-EEO Employer
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WHEREAS, the interested and responsible parties have been served notice in accordance with the
provisions of Chapter 45 of the Saint Paul Legislarive Code, of the tnne, date, place and purpose of the
public hearings; and
5 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
6 Council on Tuesday, August 12, 2003 to hear testimony and evidence, and after receiving testimony and
7 evidence, made the recommendation to approve the request to order the interested or responsible parties to
8 make the Subject Properly safe and not dehimental to the public peace, health, safety and welfaze and
9 remove its blighting influence on the community by rehabilitating this structure in accordance with all
10 applicable codes and ordinances, or in the alternarive by demolishing and removing the structure in
11 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the shucture to be
12 completed within £t�ee�}days after the date of the Council Hearing; and
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14 WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, August 27, 2003
15 and the testimony and evidence including the action taken by the Legislative Hearing Officer was
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considered by the Council; now therefore
BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced
public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the
Subject Property at 487 Bay Street:
1.
2.
4.
5.
6.
7.
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
That the costs of demolition and removal of this building(s) is estimated to exceed three
thousand dollars ($3,000.00).
That there now exists and has existed multiple Housing or Building code violations at the
Subject Property.
That an Order to Abate Nuisance Building(s) was sent to the then lrnown responsible parties
to correct the deficiencies or to demolish and remove the building(s).
That the deficiencies causing this nuisance condition have not been corrected.
That Division of Code Enforcement has posted a placard on the Subject Property which
declares it to be a nuisance condition subject to demolition.
That this building has been rourinely monitored by the Citizen Service Offices, Division of
Code Enforcement, Vacant/Nuisance Buildings.
8. That the lrnown interested parties and owners are as previously stated in this resolution and
that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
AA-ADA-EEO Employer
1 1. The above referenced interested or responsible parties shall make the Subject Properiy safe and not
2 dehimental to the public peace, health, safety and welfaze and remove its blighting influence on the
3 community by rehabilitating this structure and conecting all deficiencies as prescribed in the above
4 referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and
5 ordinances, or in the alternative by demolishing and removing the structure in accordance with all
6 applicable codes and ordinances. The rehabilitation or demolition and removal of the shucture
7 must be completed within after the date of the Council Hearing.
8 2. If the above corrective action` is n��ompleted within this period of tune the Citizen Service Office,
9 Division of Code Enforcement is hereby authorized to take whatever steps are necessary to
10 demolish and remove this structure, fill the site and charge the costs incurred against the Subj ect
11 Property pursuant to the provisions of Chapter 45 of the Saint Paui Legislative Code.
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3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal
property or fixtures of any kind which interfere with the demolition and removal shall be removed
from the property by the responsible parties by the end of this time period. If all personal property
is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and
dispose of such property as provided by law.
4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in
accordance with Chapter 45 of the Saint Paul Legislative Code.
Requested by Department of:
Benanav
Blakev
Bostrom
Coleman
Harrzs
Lantrv
Reiter
Yeas
�
�
Navs
Absent Citizen Service Office• Code Enforcement
✓ By�
s d i
Adopted by Council: Date
Adoption Certified by Council Secretary
Form Approved by City Attorney
By: �
Approve�y or for Submission to
By:
AA-ADA-EEO Employer
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepartmenUoffice/council: Date Initiated:
�S -����� z���-� Green Sheet NO: 3003260
Contact Person 8 Phone: Deoartrnent Sent To Person Initial/Date
Mdy Dawkins � 0 'lizeo Services
Z66-�927 Assign 1 'tizenServices De artmentDirector ���-v
Must Be on Council Agenda by (Date): Number 2 •
27-AUG03 Fa �
Routing 3 vor's OfLce Mavor/Assis[aot
Ordef 4 ouncit
5 itv Clerk Ci Clerk
Total # of Signature Pages _(Clip AII Locations for Signature)
Action Requested:
City Council to pass tlus resolurion which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to
comply with tfie resolution, the Citizen Service Office, Division of Code Enforcement is ordered to remove the building(s). The subject
property is located at 487 Bay S4eet.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a conUact for this departmenY?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not normally possessed by any
current city employee?
Yes No
Ezplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
This buIlding(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul
Legislative Code. The owners, interested parties and xesponsible parties lmown to the Enforcement Officer were given an order to
repair or remove the building at 487 Bay Sheet by July 16, 2003, and have failed to comply with those orders.
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Advantages If Approved:
The City will eluninate a nuisance. A�G �'� 2C�3
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Disadvantages If Approved:
The City will spend fuuds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special
assessment against the property taaces.
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DisadvanWges If NotApproved:
A nuisance condirion will remain unabated in the City. Tlus building(s) will continue to blight the community. ��f� y�,
3 � d
Total Amount of
Transaction: 6000 Cos�Revenue Budgeted: y
Funding source: Nuisance Housing activitv Number: 30251
Financiallnformation: Abatement
(Explain)
� �
August 12, 2003, I.egislative Hearmgs Page 2
� 7. Resolution ordering the owner to remove or repair the building(s) located at 487
Bav Street. If the owner faiLs to comply with the resoluflon, Code Enforcement is
ordered to remove the building(s).
I,egislative Hearing O�cer recommends grantmg the owner six months to complete the
rehabilitarion of the properiy on condition that the following is done by noon of August
27, 2003: 1) Code Compliance inspection is completed; 2) a$2,000 bond is posted; and 3)
a signed purchase agreement is provided
8. Resolufion ordering the owner to remove or repair the building(s) located at 573
Edmund Avenue. If the owner faiLs to comply with the resolution, Code
Enforcement is ordered to remove the building(s).
Legislative Hearmg Officer recommends demolition within five (5) days.
jab
�3-�83
LEGISLATIVE HEARING, AUGUST 12, 2003
PAGE 10
� Resolurion ordering the owner to remove or repair the building(s) located at 487 Bav
Street. If the owner fails to comply with the resolution, Code Enforcement is ordered to
remove the building(s).
Lawrence Wilford, attorney representing Ocwen Federal Bank, a servicing agent for U.S. Bank
National Association; and Michael Cantu appeazed.
Michael and Louise Cantu aze co-owners and Ocwen Federal Bank foreclosed on behalf of U.S.
Bank. The foreclosure period ends October 10, 2003.
Steve Magner, Code Enforcement, Vacant Buildings, provided a staff report. 487 Bay is a two-
story, wood frame, single family dweliing on a lot of 2,614 squaze feet. The building was
condemned in February 2003 by Code Enforcement, and has been vacant since February 18,
2003. Four (4) Summary Abatement Notices have been issued to: 1) secure the dwelling; 2)
remove refuse; 3) remove garbage, etc., and 4) cut tall grass and weeds. Ms. Moermond asked
whether the City actually did these clean-ups. Mr. Magner responded that work orders were sent
out on boazding of the dwelling, cleaning up the refuse and cutting the grass. Ms. Moermond
asked about the time periods. Mr. Magner replied that the Suuunary Abatements were issued
twice in Apri12003, once in May 2003, once in June 2003, once in July 2003, and just recently in
August 2003. Continuing with his report, on June 18, 2003, an inspection of the building was
conducted and a list of deficiencies compiled which constitutes a nuisance. Conditions were
developed and photographs were taken. An Order to Abate Nuisance Building was issued on
July 1, 2003, with a compliance date of July 16, 2003. As of this date, the property remains in
the condition which comprises a nuisance as defined by the Legislative Code. The City has had
to board the building in arder to secure it against trespassing. Vacant Building Registration fees
were paid by Orin Realty on behalf of Ocwen Band. A Citation was issued charging the owner
with failure to pay the Vacant Building fee. Real Estate tases aze paid in fu1L Taxation has
placed an estunated market value of $10,700 on the land and $36,400 on the building. As of
August 12, 2003, a Code Compliance Inspection has not been applied for and a bond has not
been posted. Code Enfarcement estimates the repairs of the sriucture between $60,000 -
$70,000, with demotion costs between $5,000-$6,000. Code Enforcement is seeking a resolution
to repair or remove this building within fifteen (15) days.
Ms. Moermond asked both Mr. Wilford and Mr. Cantu about their plans.
Mr. Wilford responded that at this point, since the property is in a redemption period, his client is
not in a position to take action with regard to all the structural items that need to be taken care of.
Mary Jo Orin, the real estate broker working with Ocwen, has been receiving the Sununary
Abatement Orders, from whom he received copies last week. There was a discussion that oar
client undertake a five- (5) week redemption period on this, but since the properry was listed for
sale up until last week by the owner, it can't be considered abandoned. There are notes on the
Suuunary Abatement Order date mailed July 15, 2003, with an appeal date of July 21, 2003. The
note says that it's been taken care o£ The mortgage company is certainly in a position to take
a3-�g3
LEGISLATIVE HEARING, AUGUST 12, 2003 PAGE 11
care of some of exterior items. Also, there has been an offer submitted for a short sale - for U.S.
Bank to accept less ttian whaPs owed to them. There is over $70,000 outstanding on this
mortgage.
Ms. Moermond asked what the bank wouid like to see. Mr. Wilford responded that the bank
would like to see the owner of the properiy take caze of his property to remove any of the
abatement and condemnarion orders; correct the defects so that the property can be sold, so Mr.
Cantu can possibly realize some money out of it. The bank would realize some fairly significant
portion of what iY s owed. Otherwise, the bank would like to have this matter continued over
until after the redemption period expires so that it has fixll legal right as owner of the property to
proceed to make necessary repairs, etc.
Ms. Moermond asked Mr. Cantu his plans concerning this building. Mr. Cantu responded that
his original intention was to try to get some fixnding from the City in order to get this house
rehabbed, but his efforts have been denied since February 13, 2003 to obtain any kind of help.
He added that now, he is in a position in which he needs to sell the property. His family has been
shuffled azound since February 13, 2003, and he needs to get some stabilization back into their
lives. His goal is to find someone who can buy the property in its current condition.
Mr. Wilford asked Mr. Cantu if he has been working with a realtor. Mr. Cantu answered that he
has been working with several Realtors. Mr. Wilford asked if he was aware of the offer from
Home Vestors. Mr. Cantu responded that he was agreeable with the offer.
Mr. Wilford stated that on August 7, 2003, his office received a proposal from Home Vestors far
the short payoff on the amount owned to the bank. It was sent to our client for their review on
Thursday. There has yet been no response; one is expected very soon.
To clarify, Mr. Cantu noted that he boarded up the house himself, not the City. Perhaps they had
to put one boazd over a side basement window because it was not adequately boarded for them.
Ms. Moermond asked for other testimony on this issue.
Jim Polucha, Home Vestors, addressed the heazing. Home Vestors' plan is to rehab the house
completely within six (6) months. They have funding to do so. They agree to the $60,000 -
$70,000 estimated rehab cost, but in order for them to spend that much capital, they need to buy
the house at the short sale price that they submitted to U.S. Bank.
Betty Moran, West Seventh Federation, addressed the hearing representing the neighborhood.
They would like to see something done with the properiy as quickly as possible. It is a blight on
the block.
Ms. Moermond reiterated that in this situation there is both an owner and a bank, neither of
whom is in a position to do the rehabilitation. She noted a couple of red flags: 1) the City needed
03 ��
LEGISLATIVE HEARING, AUGUST 12, 2003 PAGE 12
to boazd the building in order to secure it against trespassers; and 2) the City had to issue four (4)
Suuunary Abatement Notices. These tell that the City is doing properiy management at this
location, and that's not a good sign of someone being able to caze of their own property or to
execute a rehabilitation of a properry. The Code Compliance Inspection has not been applied for.
In terms of the sale of the properry, that Code Compliance Inspection can be substituted for the
Truth in the Sale of Housing Inspection. So, if the ritle of the properiy is going to be transferred,
one of those two things needs to be done. She wishes it would have already been done. (Another
red flag.) This is not under control. Finally, once the Code Compliance Tnspection has been
applied for and conducted, a$2,000 bond needs to be posted with the City, which indicates
financial capacity to execute a rehabilitation. Not having that indicates another red flag.
Testimony has indicated to Ms. Moermond that a little more time is needed to conclude the
transfer of this property. After the properry has been transferred, Ms. Moermond needs a plan for
the rehabilitation of the property that addresses all the items on the Code Compliance Inspection.
At this time, there is an order for the building to be removed or repaired within fifteen (15) days.
This issue comes before the City Council on Wednesday, August 27, 2003, at their public
hearing.
In order for Ms. Moermond to recommend grantiog suc (6) months for Home Vestors to
complete the rehabilitation: 1) the Code Compliance Inspection needs to be completed by
noon, Angust 27, 2003; a$2,000 bond needs to be posted with the City; and 3) a signed
Purchase Agreement needs to be provided to Ms. Moermond and to the Code Enforcement
Office.
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CITIZEN SERVICE OFF[CE
Donald J Lunrs, Qry Cle�k
CITY OF SAII�IT PAUL
Raruly C. Kef1y, Mayor
DN[S[ON OF PROPERTY CODE E�FORCE�fENT
d�+�:j �a:vkins. Progrmrt ,ifanc�er
Nuisnnce Building Cade Enjorcemer.t
1600.NonkfVnite3earAvenue Tel: 6il-2¢Q-/900
SaintPauf,,Lf.V jji06 F¢r.6�1-265=1926
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Jllly 2�� 2���
AUG � "� 20�13
. -
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
a3 -��
Citizen Service Office, Vacant/Dluisance Buildin�s Enforcement Division has requested the City
Council schedule public hearings to consider a resolution ordering the repair or remaval of the
nuisance buildin�(s) located at:
487 Bay Street
The City Council has scheduled the date of these hearin�s as follows:
Legislative IIearing - Tuesday, August 12, 2003
City Council Hearing - Wednesday, August 27, ?OQ3
The owners and responsible parties of record are:
Name and Last Known Address
Michael D. Cantu / Louise Cantu
487 Bay Street
St. Pau1, NLtiT ��102-3817
�4icnael D. Cantu : Louise Cznm
7ohn asd Paa1�s B� tzk.z �.Iaz�csa�_ �
-= : �?*idoi� � 3ce._...
St. Paul, �L� » 102
Interest
Fee Owner
Fee O�izier
AA-ADA-EEO Emptoyer
487 Bay Street
July 2�, 2003
Pa�e 2
�ame and Last Known Address
U.S. Bank National Association,
as Tn:s�ee for MASTR Asset
Backed Securities Trust 2002-NC1
03-��
Ir.terest
Foreclosin� :llort�a�e C-ompany
(c/o Oc�cen Federal Bank)
c,'o Leonazd, O'Brien, Wilford, Spencer & Gale, Ltd.
5� East �" Street, Suite 800
St. Paul, �'»101
Oc�ven Federal Bank
c/o Mary Jo Oren, Oren Realty
P.O. Bos 17902
St. Paul, MN 5�117
Foreclosin� Bank
The le�al description of this property is:
The East 2> feet of Lot 1, Block 1, Scheffer's Addition. The South one half of the East one haif of
Lot 2, Block 1, Scheffer's Addition. The East 25 feet of the North one half of Lot 2, Block 1,
Scheffer's Addition. <
Di�•ision of Code Enforcement has declared this buildin�(s) to constitute a"nuisance" as defined
by Legislative Code, Chapter 45. Division of Code Enforcement has issued an order to the then
known responsible parties to eliminate this nuisance condition by correctin� the deficiencies or by
razin� and removin� this buildin�(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the blightin� influence of this property. It is the
recommendation of the Division of Code Enforcement that the City Council pass a resolution
orderin� the responsible parties to either repair, or demolish and remove this building in a timely
manner, and failing that, authorize the Division of Code Enforcement to proceed to demolition
and removal, and to assess the costs incuned a�ainst the real estate as a special assessment to b:
collected in the same manner as taxes.
Sincerely,
C �y�ic�e C,!2 i�2G��`
Steve Ma�er
Vacant Buildings Supervisor
Division of Code Enforcement
Ci*izen Senzce Ofice
c�i-_
cc: : ranh Berg, Building inspzcnon and Desi�
Me�han Riley, City Attorneys Office
Nancy Anderson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housin� Division
A4 .4DA-EEO Employer
�3- 7�'3
Thomas W.Newcome*'
Brian F. Leonard+
Eldon J. Spencer, Jr. +
Michae] R O'Brieni
CawrenceA. Wilford•
Fdwazd W, Gale
Grover C. Sayre, III+O
Thomas W. Newcome III"
James A. Geske
Michelle McQuartie Colton
TimothyM. Watsh*
Joseph J. Deuhs, Jr.
Thomas C. Atmore+
Emest F. Peake
Matthew R. Burton
Eric D. Cook
LEONARD, O'BRIEN
WILFORD, SPENCER & GALE
Attorneys at Iaw
A Professional Association
55 East Fifth Street
Suite 800
Saint Paul, Minnesota 55101-1718
Telephone (651) 227-9505
Fac (651) 251-1734
100 South FiRh Street
Suite 1200
Minneapolis, Minnesota 55402-1 2 1 6
Telephone (612) 332-1030
Fac (612) 332-2740
Tnternet: www.towse.com
Reply to: St. Paul
August 27, 2003
Honorable Randy C. Kelly, Mayor
Honorable Council Members
City of Saint Paul
City Ha11
St. Paul, MN 55102
Re: 487 Bay Street
Peter J. Sajevic�
Justin P. Weinberg
Krny A. Evans
Anna M. Burgett
OFCounsel
George B. Ingebrznd, Jr.
+p�o admitted iv Wiscon�^
a Atso admitted in A=iwna
0 Also admitled in Iowa
$ Qualified Neutral (RWe ll 4)
' Ce*afiedRealProPe*�Y
Law Specialist
(Minrsuota SW te Bar Associatian)
"'ReCved Status
Dear Mayor and Council Members:
Our office represents U.S. Bank National Association, as Trustee for MASTR Asset Backed
Securi6es Trust 2002-NCl ("US Bank") and Ocwen Federal Bank ("Ocwen") with regard to the
above referenced property. US Bank is the holder of a Sheriff's Certificate from the foreclosure sale
held April 10, 2003. Ocwen is the servicing agent for US Bank.
US Bank was the successful bidder at the foreclosure sale. The amount of the tota2 debt owing to
US Bank at the time of the £oreclosure sale was $73,265.25. The fareclosure sale was subject to a
statutory six month redemption period. The redemption period will expire on October 10, 2003. At
that time, US Bank will become the owner of the subject property if there is no redemption by the
owner or junior creditor.
US Bank requests that the City delay adoption ofa resolution requiring the demolition ofthe subject
property unril a8er US Bank becomes owner of the property.
Until the redemption period expires, the owner, Michael Cantu, has the right to possession of the
property. Since Mr. Cantu has had the properry listed for sale, US Bank has not been able to reduce
the redemption period pursuant to Minnesota Statutes.
Mr. Cantu currentiy has an offer to purchase the property which would result in US Bank receiving
significantly less than it is owed. Our client needs to have an interior inspection and appraisal done
Honorable Randy C. Kelly, Mayor
,�Ionorable Council Members
Page 2
inordertohavesufficientinformationtojusfifytheacceptanceofthediscountedpayoff. Theparties
aze currently working on getting the appraisal completed.
Thank you for your consideration of this matter.
Very truly yours,
LEONARD, O'BRIEN
WII.,FORD, SPENCER & GALE, LTD.
By
Lawrence A. Wilfo
E-Mail: LWiI ord lo vs am
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