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• Policy of Title insurance
I
iltef
Issued by
Transarncrlca lltla Insurance Company
SUBJECT TO THE SCHEDULE ,OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON-
' '- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE. CONDITIONS AND STIPULATIONS
HEREOF, TRANSAMERICA TITLE.INSURANCE COMPANY, a California corporation, herein called
the Company, insures,'as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the ,.
amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may
become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein:
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
•
4. Unmarketability of such title. - '
•
In Witness Iflicreof, Transamerica Title Insurance Company has caused this policy to he signed and sealed
by its duly aulborizcd officers as of Date of.1'olicy shown ill Schedule A.
•
• TransamarlcaTrtle Insurance Company
s •
.
' By tQ ` . iP r.,94. President.
t Jk
nt f 0
6 )�
z ' 1 a
Sts .C .. , ^ '
4 ' /.•uyS re 'A- .&a Secretary
EXHIBIT . ..`-gr. J I g Ft«\Q y r
' _
Authorized Officer or Agent
2001-2468
• SCHEDULE A
NUMBER
25,001, 648-0
AMOUNT
•
• $235,000.00
•
Dated this . 14th day of August 19 74 , at the boor of 8:00 o'cioek A.M.
1. The norm of the insured and the state, or Interest of the insured in the land described below'and cow. `A >,
*red by this policy.is as follows: ,
PASQUALE VARRA, in. fee simple.
• •
2, The land, the title to which is insured, is described or known as follows: A tract of land located in the NW
of Section 31, Township 3 North, Range 67 West 'of the 6th P.M. , WELD, COUNT7
COLORADO, said tract being more'. particularly described as follows
Beginning at the Northwest . corner :of said .Section 31
thence S 00° 08' 22" E along the West line` ofbaid NWt, 2652. 51 feet
to the WI corner of -said Section 31;
thence S 89° 13' 37". E along the South line of said NWI, Section 31 ,
2524.75 feet to the Southeast corner of said NW*,
thence "North" along the East line .of said NWl, Section 31 , 2651 . 21
feet to the Ni corner of said Section 31,
thence. N 89° 11' 58" W 'along the' North line of the aforementioned
NWl, Section 31, 2531, 23 feet to the POINT OF BEGINNING.
SCHEDULE B
•
This Policy does not insure against loss or damage by reason of the following:.
1. Rights or claims of parties In possession not shown by the public records. ,
2. Easements, or claims of easements, not•{shown by the public records:
a. -Discrepancies, conflicts in boundary lines; shortage'in area,.ehaoachments,and any facts which-a.
correct survey and inspection -of the premises-would disclose,and which are not shown by the
public records. • - -
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter;furnished, Im-
posed r ,•
posed by law and not shown by the public records.
5. , Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district - -
•
e
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
my law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re-
striding or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,.
dimensions or location of any improvement now or hereaftgt erected on the land, or prohibiting a separation in
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi-
nance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears
in the public records at Date of Policy.
-3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the
t insured claimant; (b) not known to the Company.and not shown,by.-the public, records but known to the insured
claimant either at Date of Policy or at the date such claimant acquired an estate or:interest insured by this policy
and not disclosed in writing by the insured claimant to the Company
an insured hereunder; (c) prior to the date such insured claimant became
resultingin no loss or.damage;to the insured claimant; (d) attaching or created subse-
` quent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claim-
-' ant had paid value for the estate or Interesbinsured by this policy,
a c,
CONDITIONS AND STIPULATIONS -
e : 1. DEFINITION OF TERMS (b) The insured shall notify the Company promptly in
The following terms.when used in this policy mean: writing (q Jn case any action or proceeding Is begun or de- ,
tense is interposed as set forth In (a) above, (ii) In case knowl-
(a) "Insured": the Insured named In Schedule A, and, edge shall come to an insured hereunder of any claim of title • ,
subject to any rights or defenses the Company may have or interest which is adverse to the title to the estate or interest, -
, -against the named insured, those who succeed to the interest as insured, and which might cause loss or damage for which
..of such insured by operation of law as distinguished from ' the Company may be liable by virtue of this policy, or-(ill) if ' ,
purchase including, but not limited to, heirs, distributees, i title to the estate or Interest, as insured, is rejected as un-
1 devisees, survivors, personal representatives, next of kin,-or marketable. If-such prompt notice shall not be given to the
1 r.-, corporate or-fiduciary successors.. y;- Company, then as to such insured all liability of the Company
(b) "insured claimant": an insured claiming loss or dam-
-- . shall, cease and terminate in regard to the matter or matters
age hereunder. - for i s prompt notice is required: provided, however, i
that failure to to notify shall in no case prejudice the rights of any
— (c) "knowledge": actual knowledge, not constructive such insured under this policy unless the Company shall be
ti
iowledge or notice which may be imputed to an insured by proiudiecd by such failure and then only to the extent of;ason of any public records. such prejudice, `
,, (d) "land": the land described, specifically or by reference (c) 'The-Company shall have the right at its own cost to '
in Schedule A. and improvements affixed thereto which by law
constitute real property; provided, however, the term "land" institute and without undue delay prosecute any action or
does not include any property beyond the lines of the area proceeding or to do any other act which in its opinion may be
.specifically described or referred to in Schedule A, nor any necessary or desirable to establish the title to the estate or
right, title, interest, estate or in abutting streets, interest as insured, and the Company may take any appro-
roads, avenues, alleys, lanes, ways or waterways, but nothing Priate action under the terms of this policy, whether or not
'? herein shall modify or limit the extent to which a right of it.shall.be liable thereunder, end shall not thereby concede
access to and from the land is Insured by this policy. .. liability or waive an .provision of this policy.
i
(e) "mortgage": mortgage deed of trust, trust deed,:'or (d) Whenever the Company shall have brought any action ',
other security instrument. ' or Interposed a defense as required or permitted by the pro- '
(f) "public records" those records Which by law impart visions of this policy...the Company may pursue any such
construct ve notice of matters relating to said land. Iltlgatlon •
,
lto final determination by a court of competent juris-
.4 J , diction andexpressly reserves the right, in its sole discretion,
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF ' to appeal from any adverse judgment or order.
TITLE (e) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action
` The coverage of this policy.shall continue in force as of or proceeding, the insured hereunder shall secure to the
Date of Policy in favor of an insured so long as such insured Company-the right to so prosecute or provide defense in such • v 1
x' :._retains an estate or interest In the land, or holds an indebted- ' action or proceeding,and all appeals therein, and permit the
:, ness secured by a purchase money mortgage given by a pur- Company to.use,-at its option, the name of such insured for
Jr, chaser from such insured, or so long as such insured Shall such purpose. Whenever requested by the Company, such
::.have liability by reason of covenants of- ,,warranty made:by. •• insured shall give the.Company all reasonable aid in any such 1 such insured in any transfer or conveyance of such estate'or action or'proceeding,in effecting settlement,securing evidence, , '-
interest; provided, however, this policy shall not continue in obtaining witnesses, or prosecuting or defending such action
force in favor of any purchaser from such insured of either or proceeding, and, the Company shall reimburse such insured
said estate or interest or the indebtedness secured by'a put for any expense so-incurred.
chase money mortgage given-fo such insured. - -
3. DEFENSE OF ACTIONS— 4. NOTICE OF LOSS—LIMITATION OF ACTION
' NOTICE OF In addition to the notices required p p
CLAIM TO AND GIVEN BY PROSECUTION INSURED CLAIMANT under ara�ra h 3(b)
- of :these Conditions and Stipulations, a statement in writing '
' (a) The Company, at its own cost and without undue 1 of any loss or damage for which it is claimed the Company
delay, shall provide for the defense of an insured In all litiga- Is liable under this policy shall be furnished to the Company7.
?Jon consisting of actions or proceedings commenced against . within 80 days after such loss or damage shall have been de-
h Insured, or a defense interposed against an insured in an termined and no right of action shall accrue to an insured
on to enforce a contract for a sale of the estate or interest claimant until 30 days after such statement shall have been
it - .,, said land, to the extent that such litigation is founded upon furnished. Failure to furnish such statement of loss or damage
an alleged defect, lien, encumbrance, or other matter Insured shall terminate any liability of the Company under this policy -
against by this policy, as to such loss or damage. -
/
> o Continued on Front of Back Cover L/
NUM.hfk
SCHEDULE S . .
�z, o� j s e= `�
C0NNNUEP -6, ' Rights of way for county roads 30 feet widerder of etherhe siderd f section
• Cod township lines, asld established
y, r corded October 14 1889 in Book 86
Commissioners for•tiYeld County,
at Page 213, ,Weld County Records.
of the NW�q and
' . 7, . Right of way for an irrigation Pitchor hthre oughTth heitof operation and .
the. use 'of all lands necessary
maintenanceof- said ditch as granted to Charlec W. Burbridge by 1 .
Right of Way Deed recorded March 16, 1888 , in Book 77 at Page 32,
Weld County, Records . is not
1 . NOTE: The width and.. exact location of said right of way
disclosed of record.
eaeement over the E of the NW to construct ^rerst
i from. tit
g� p �nttain, way cnd . stems as may
maintain, replace and remove such communication systems ,
to time be required, consisting of
underground
dccables , wires,
conduits,
manholes ,e drains markers ,er splicing boxes , and
together with' the right
of epeees and and other d tao
, ingress and egress as instrument recorded eAprilA25, 1941merica einpBook 1078Tate Page h75; :
i Company by
- Weld County Records, is not disclosed .of T.
MUTE: The exact location of said right of way -
i , 9. place ,
,right to enter
nandsaid
maintain and
an electric construct ,
transmissionreconstruct ,
and/ore '
distr , repair ,o operate
distributionline or h system aeasement granted
recorded Union
AprilRural
24, 1969Electric
insBook
Associ—
ation , Inc. ,I . , by p right of way
594 under Reception No. 1515662, Weld County Records , said right of wa7
being over the East side of the NW*.
operate ,
maintain , replace , and remove , such communication systems as may from (.
} 10. A right of way and easement 20 feet in width to construct , op ,
of underground cables , wires ; ' . '
time to time be necessary , go boxes , and surface testing terminals ,
`� conduits ,p drains e and ousingg urten
repeaters , repeater housings and markers , manholes , and other app
together with the rights of ingress and egress' as granted to `
America Telephone 'and Telegraph Company by. instrument recorded May; 21J
Records .
1968 in Book 595 under Reception No. 1516665, We way ldnCounty niyclecod s. sec
. NOTE : The exact location of said rig
11. Oil and Gas Lease dated February 14 , 1970 between Louis uise J. Rad Radema accher
and Frances J. Rademacher, lessor , and T. S. Pace,
rig-
mary term of 5 years recorded March 19, 1970 in Book 622munde under
thereoti
No. 1544071, Weld County Records , and any and all as'sig
or interest thereint 3 .
..wr.J aoL ♦y���
�i iVa',IA�Ili ••••! iLh .: yG' Lt F n s" t•✓y yyYt,-rb1M uY}louixA � -
"'e F�F�ir�i95� `T' L
taumiJ k
• SCHEDULE B. I ( 25,001 ,648-0�
CONTINUED •
12. Fishing and Hunting .Lease dated February 15, 1962 between Ted
Rademacher, Lessor,- and the Longs Peak Chapter of the Izaac Walton
League, Lessee, for a term beginning February 15, 1962 until December
30,- 1967 with nn option to renew said lease for another 5 years , recorded
January 15, 1964 in Book 503 under Reception No. 1426371 , Weld .County
. Records .
13. The St . Vrain Reservoir as evidenced by instrument filed under
Reception No. 119360, Weld County Records , the Wild Cat Reservoir as
evidenced by instrument filed under Reception No. 120349 , Weld County
Records , the Macarthy Reservoir as evidenced by instrument filed under
Reception No. 138075, Weld' County''Records , and a right of way therefore. -'
•
' 14. A right of way to construct , maintain , inspect , operate, replace change r1
or remove , a permanent easement 50 feet in, width together with the
rights or ingress and egress as granted to Amoco, Production Company
by right of way agreement recorded September 10, 1973 in Book 699
under Reception No. 1620944, Weld County Records , said right of way
is described as running East and West from the West line of the Ni
NWj, Section 31 to the East line of the NWl Section 31 T3N R67W.
15. Oil and Gas Lease between Louis J. Rademacher and Frances J. Rademacher,
Lessors , and :"moco Production Company, Lessee, for a primary term of 1
year , recorded March 7, 1974 in Book 710 as Reception No. 1631591,
Weld County Records , and any and all assignments thereof or interests
therein . •
•
16. Reservation of one-half of all oil and gas for a term of 15 years
from the date hereof , and an undivided one-half non-participating
royalty interest in and to all royalties derived from oil and gas
production for the production life-time of any well commenced within
the said 15 year term, regardless of when such well or wells might
begin to produce , as contained in Warranty Deed from Louis J. Rademacher
and Frances J. Rademacher, dated August 1 , 1974 , recorded
August 13 , 1974 in Book 721 as Reception No. 1642675, Weld County
Records , and any and all assignments thereof or interests therein .
17. A resident tenancy of all improved buildings on the subject property for `
a period of 6 months from the date hereof or until Grantors shall
obtain a certificate of occupancy for a new residence presently
being constructed by Grantors, whichever shall first occur, as
contained in Warranty Deed from Louis J. Rademacher and Frances J.
Rademacher, dated August 1, 1974, recorded August 13, 1974 in Book
721 as Reception No. 1642675, Weld County Records. '
. ft?
•
SCHEDULED I 25 001 ,648-01\
F _ CON1rN.i3
fi
l
18. The use of all canals and pasture land upon the subject property for a '`
term of 18 months from the date hereof as contained in Warranty Deed
from Louis J. Rademacher and Frances J. Rademacher, dated August 1 , ; f
1974, recorded August 13, 1974 in Book 721 as Reception No. 1642675,
Weld County Records.
•
19. Deed of Trust from Pasquale Varra to the Public Trustee of Weld County$,
Colorado for the use of Louis Rademacher and Frances Joan Rademacher
to secure $220, 000.00, dated August 1, 1974 , recorded August 13, 1974
in Book 721 ns Reception No. 1642676, Weld County Records.
•
•
COLORADO REGION.ALTA OWNER'S POLICY-FORM 0-1970 1AMENOE0 ICI-17.701
.
SIMMONS!
, 40 i
TrerLsamaaLtle IrLsure�uu�Co U
TraLLsa Tide hLSLLrrelzce CO
•
I le -
�. .. tssaea-oy •
r r Boulder County
- i 1317 Spruce Street, Boulder
•
I t43-7i60
• 1
I- • Denver County
1837 California Sheet, Denver
California Division
1330 Broadway I Douglas County
2000 West Littleton Blvd, Littleton
Oakland, California 94612 I 1 794.4255
(415) 835-4070 ' Transamerica Tale , •
Insurance Eagle—Pitkin n 816nties
11
Drawer 7130
Aspen, Colovado 81611
• • i
925-1766
•
Company Jefferson_county
'
I 7580 West Colfax Avenue, Lakewood
I 237-1381
•
Northwest Division
315 S.W. Fourth Avenue - I Lorimer County
151 West Mountain Avenue, Fort Collins
Portland, Oregon 97204 . 482-1208(503) 222-9931- I •
I Mesa County
_ - I I 531 Rood Avenue, Grand Junction
I 242-8234
•
• t
Pueblo County
I 627 North Ma'n Street
Pueblo. Cvvtdo 81003
1303) 543-0451
ra?'+•'-'r A Service of i •
Southwest Division r-: ' :,... I
ii4Ati i.. Transamerica Corporation Weld County
114 West Adams Street j t II
Phoenix, Arizona 85003 h ill i x 370
Greeley 3j?Colorado 80631
83
(602) 262-0511 I
I •
Agency Department
1, 1837 California Street, Denver
534-9066
� I I AGENTS THROUGHOUT COLORADO
.. _
_
_..>f• I
l alb. c
1, .
anUn�Ed from $.:G }r.,,it
5. oPnoNs ro PAY OR OTHERWISE SETTLE CLAIMS mien st rat ored Ire amount so paid shall
The Company shall have the option to pay or otherwise
be deem(d a pnyr, to said insured owner.
settle for or in the name of an insured claimant any claim in- 10. APPORTioNMf
sured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of If the land de:;consists of two or more
.= . . the amount of insurance under this policy together with any parcels which are 4ite and a loss is estab-
costs, attorneys' fees and expenses incurred up to the time lished affecting oParcels but not all, the
)j•V-i• of such payment or tender of payment, by the insured claim- loss shall be corn( a pro rata basis as If •
'ant and authorized by the Company. - the amount of i-policy was divided pro
-rata as to the vat f each separate parcel
•. ' 6: DETERMINATION AND PAYMENT OF LOSS to the whole, excl ants made subsequent
g '� to Date of Policy
pr value has otherwise
(a) The liability of the Company under this policy shall been agreed upon kl by the Company and
Mno case exceed the least of: the insured at thir ce of this policy and
shown by an exp I p) the-actual loss of the insured claimant; or. or by an endorsement
(Ii) the amount of insurance in Schedule A: • attached hereto.
';- : (b) The-Company will pay, in addition to any loss Irisured r
against by (his policy, all costs imposed upon an Insured in till- 11• SUBROGATION) SETTLEMENT ;rit:
gallon carried on by the Company for such insured, and all Whenever thof `'�
p Y C settled a claim under
colts attorneys' fees and expenses in litigation carded on by this policy, oil righ'II vest in the Company '��.
such insured with the written authorization of the Company. unaffected by any;laimanl The Company
(c) When liability has been definitely fixed In accordance shall be subrogat edto all rights and rem(
•with the conditions of this policy, the loss or damage shall be dies which such in have hod against any
` payable within 30 days thereafter.
- person or property aim had this policy,not
• been issued, and 1tCompany, such insured
claimant shall trans all rights and remedies •
7. LIMITATION OF LIABILITY against any personary in order to perfect
; - No.claim shall arise or be maintained under this policy such right of subrt��it the Company to
(a) if the Company, after having received notice of an alle
ged ed litiuse the name of sot in any transaction or ..
defect, lien or encumbrance insured against hereunder, by doRsnon involving oeaim. If the payment
- litigation or otherwise, removes such defect, lien'or encum- does not cover the rdaiant, the Company
brance or establishes the title, as insured, within a reasonable shall be subrogatehd remedies in the pro-
. time after receipt of such notice; (b) in the event of liti ation portion which said he amount of said loss,
until there has been a final determination by a court of corn- If loss should resul uch insured claimant,
petent jurisdiction, and disposition of all appeals such act shall not Company, in that
po therefrom, the Com an
• adverse to the title, as insured, as provided inpara rah 3 event, shall be req at part of any losses
phereof; or (c) for liability voluntarily assumed by an insured insured against her exceed the amount, if '7
-in settling any claim or suit without prior written consent of any, lost to the Co the impairment of the ,.
the Company. right of subrogation,,
8. REDUCTION OF LIABILITY 12. LIABILITY LIMITE
All payments under this policy, except payments made for This instrument ndorsements and other
costs, attorneys' fees and expenses, shall reduce the amount instruments, if any, the Company is the
of the insurance pro [polo. No payment shall be made without entire policy and the insured and the
producing this policy for endorsement of such payment unless Company.
the policy be lost or destroyed, in which case proof of such Any claim of lo((''ether or not based on
loss or destruction shall he furnished to the satisfaction of negligence, and whicte status of the title to
the Company, the estate or interes
such claim, shall be $ any action asserting
h�visions and conditions
9. LIABILITY NONCUMULATIVE and stipulations of t
No amendment q
• to this policy can be
It is expressly understood that the amount of insurance made except by writkin or attached hereto
under this policy shall he reduced by any amount the Com- signed by either the t-esident, the Secretary.
pany may pay under policy insuring either (a) a mortgage an Assistant Secretall officer or authorized
shown or referred to in Schedule B hereof which is a lien on signatory of, the Corn
the estate or interest covered by this policy, or (b) a mortgage.
hereafter executed by an insured which is a charge or lien on
the estate or interest described or referred to in Schedule A, 13. NOTICES, WHERE t
and the amount so paid shall be deemed a payment under this All notices requirthe Company and any
policy. The Company shall have the option to apply to the pay- statement in writing tirnished the Company -.
men( of any such mortgages any amount that otherwise would shall he addressed to k Insurance Company. it
he payable hereunder to (he insured owner of the estate or IR37 California St., Dm202. e
.1 , i G? ,p EXHIBIT HH
i U�Y MARY ANN ERSTEIN Recorder.
,r Reception No._...
`ii- a i<---/-
1,.:762632 - Recorder's Stomp
iy THIS DEED, Made thin i°` day of July
I 1978 ,between PASQUALE VARRA and JACQUELINE VARRA, '
L
` L.P.
I M
tr',, v of the county of Weld and State of „ ' riJ
1 7'° Colorado,of the first part,and VARRA SAND AND GRAVEL; INC
�;
organized and existing under and by Virtue of the� laws of the State of. .':
k •
O Colorado .of the second part:whose legal address Is 2130 S . 96th
Street, Broomfield, Colorado 80020 + ,..
1I :.O WITNESSETH,That the said parties of the firstpart,for and in consideration of the sum of NO 7
CONSIDERATION nn11ARs.
�� O to the said part lesof The first part in hand paid by the said party of the second part,the receipt whereof is hereby
confessed and acknowledged, ha ye remised, released,sold,conveyed and QUIT CLAIMED,and by these presents '•
do remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its successors and
i .: S1 assigns forever, all right,title,interest, claim and demand which the said part ies of the first part have in
Nil
151 1• and to the following described -
�
'1 El situate,lying and being in the County Weld 1 ' and State of Colorado,to wit: : i
Q
,p4t1. (LEGAL DESCRIPTION ATTACHED AND• MARKED SCHEDULE A) -
z
' (NO CONSIDERATION IN THIS DEED - TRANSFERRED'"IN CONNECTION WITH INCORPORATION OF AN EXISTING BUSINESS . )
,42 ! - _
P�
also known as street and number12906 Weld County Road 13 , Longmont , Colorado. `'
t. •N'. To HAVE AND TO HOLD the some together with all and singular the appurtenances and privileges thereunto
6. belonging Or in anywise thereunto appertaining, and all the estate,right,title,interest and claim whatsoever,of the 1
said part ieS of the first part,either in law or equity,to the only proper use,benefit and bohoof of the said party of I I
: the second part,its successors and assigns forever. • their
• IN WITNESS WHEREOF,The said parties of the first part ha ye hereunto set / hand s
`"III and seal S the day and year first above ytritten.
• • I
Signed,Sealed and Delivered in the Presence of Tii 26
S .RRA —all .-4�3.----s • ..• ..
V l 4.
A; 'c. .et C (L3tC: _a-. _. <4:• t. } 'Q ti 1 E
, J QU LINE VARRA ' • a -`4�1.1 ,,
. i2>,,,, y
r f
taF � l
— — •
V t SEAL] r ."1
STATE OF COLORADO, p �
l
\ County of.,602.(_'L } I" .! I
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No. 522. Quite LAIM MM 11a{II)TO 1 OMATION.—arad lord l'ubh.lunr CA.),1112446 Stout St ••t 1)•m.r,C l .d (1573.40111 9.77
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