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HomeMy WebLinkAbout930562.tiff RESOLUTION RE: ACCEPT COLLATERAL - LIND LAND COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board, by Resolution dated November 18, 1992, granted a Final Planned Unit Development Plan and Site Specific Development Plan for Lind Land Company, and WHEREAS, the Board, by Resolution dated April 14, 1993, approved both Off-Site and On-Site Improvements Agreements for Lind Land Company, and WHEREAS, Lind Land Company, Inc. , has submitted a Surety Bond No. 19SB1OO762O34BCA, dated June 21, 1993, from The Aetna Casualty and Surety Company, in the sum of One Hundred Six Thousand Six Hundred Ninety-Three and No/100 Dollars ($106,693.00) , and WHEREAS, after review, the Board deems it advisable to accept said collateral, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Surety Bond No. 195B1OO762O348CA, dated June 21, 1993, from The Aetna Casualty and Surety Company, in the sum of One Hundred Six Thousand Six Hundred Ninety-Three and No/100 Dollars ($106, 693.00) , be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of June, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: A 7a WELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED Constance L. Harbert,�} Chairman BY: Deputy Clerk to the Bo rd W. H. 'll/l/bster, Pro- ,em� APPR AS TO FORM: r _{ Cr /J7 , : ::xt:'144.74County Attoy Dal /Barbara J. Kirkm yer O 930562 PLO867 Pi-O5(401 THE ,ETNA CASUALTY AND SURETY COMPANY Hertford,C ticut 06115 • Bond No. 195B100762034BCA LIFE&CASUALTY SURETY BOND KNOW ALL MEN BY THESE PRESENTS, That we Lind Land Company, Inc. . F.O. Box 1727, Greeley, CO 80632 as Principal and THE AETNA CASUALTY AND SURETY COMPANY, a corporation organized under the laws of the State of Connecticut and authorized to transact surety business in the State of Colorado , as Surety, are held and firmly bound unto County of Weld, State of Colorado, acting through its Board of Croun€y commissioners in the sum of One Hundred Six Thousand S..ix Hundred NiuF+ty-Three _ and No/100 Dollars ($ 106,693. 00 ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above-bounden, Lind Land Company, Inc. has filed, or is about to file, with Weld County, Colorado which a plat for Wind Song Ranch requires Guaranteeing the construction of the onsite and off site improvements WHEREAS, on the 14th day of , 19 93 the Principal entered into an agreement, referred to as nnsi 1--P/nffgi.c. imprr,crAmrnf-s_ agreement , with the Obligee. This agreement is by reference made a part hereof. NOW, THEREFORE, the condition of this obligation is such that if the above-bounden Principal shall faithfully public improvements shown on plans, plats and_suQnorting documents of the subdivision then this obligation shall be void= otherwise to remain in full force and effect. DATED this 21st day of June • 19 93 ATTEST: Lind Land Company, Inc. BY: artin IAN; President THE AETNA CASUALTY AND SURETY COMANY WITNESSED: < BY: ., �, �. /17�, - T Donald B.Martin, Attorney-in-fact 0, A_ch,, all-14-d 942 930562 q4 - 3.505 .IL.247-D) f0-6S PRINTED IN U.S.A. A THE ETNA CASUALTY AND SURETY COMPANY "p I a • Hartford, Connecticut 05156 • L:e'E&CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS.THAT THE.ETNA CASUALTY AND SURETY COMPANY.a corporation duly organized under the laws of the • State of Connecticut.and having its principal office in the City of Hartford,County of Hartford.State of Connecticut,hath made.constituted and appointed, and does by these presents make,constitute and appoint William C. Hensler, Connie K.Boston, Darlene Krings, Donald B. Martin, Margaret A. Meis, Kathryn J. O'Shea, Michael O'Shea, Chris S. Richmond, Scott Thomas or Kelly T. Urwiller - - cf Greeley-Ft. Collins, Colorado its true and lawfulAttcrney(al-in-Fact,with full power and authority herebyconferred to sign, execute and acknowledge,at any place within the United States. or.if the following line be filled in. within the area there desig- nates ,the following instrumentlsl: by his/her sole signature and act.any and all bonds,recognizances,contracts of indemnity,and otherwntings obligatory in the nature of a bona. recognizance,dr conditional undertaking,and any and all consents incidents thereto and to bind THE•ETNA CASUALTY AND SURETY COMPANY,thereby as fully and to the same went as if the same were signed by the duly authorized officers of THE;ETNA CASUALTY AND SURETY COMPANY,and all the acts of said Attomey(al-in-Fact,pursuant to the authority herein given.are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED:That each of the following officers:Chairmen-VlceChairman,Preaident.Any Executive Vice President Any Senior Vice President.Any Vice President,Any Assistant Vice President Secretary,Any Assistant Secretary,may from time to time appoint Resident Vice Presidents.Resident Assistant Secretaries.Attorneys-in-Fact.and Agents to act for and on behalf of theCompeny and may give any such appointee such authority as his certificate of authority may proscribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts at indemnity,and other writings obligatory in the nature of a bond.recognizance-or conditional undertaking,and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED:That any bond,recognizance.contract of indemnity,or writing obligatory in the nature of a bond.recognizance,or conditional undertaking shall be valid and binding upon the Company when(al signed by the Chairmen,the Vice Chair man,the President,an Executive Vice President.a Senior Vice President-a Vice President.an Assistant Vice President or by a Resident Vice President,pursuant to the power prescribed in the c ertificate of authonty of such Resident Vida President.and duly attested and sealed with theCompany's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary,pursuanttb the power prescribed in thecartificateof authoriryof such ResidentAsaistant Secretary;or(b)duly executed lunar seel,if required)by one or more Attomeys•in•Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the board of Directors of THE aETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That thesignanare of each of the following officers:Chairman.Vice Chairman.President-Any Executive Vice President.Any Senior Vice President,Any Vice PresidentAny Assistant Vice President.AnySecretary,Any Assistant Secretary,and the seal of die Company may oft affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents.Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other Writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company ant any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with i tweet to any bond or undertaking to which it is attached. IN WITNESS WHEREOF.THE/ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Senior Vice President ,and its corporate seal to be hereto affixed this 18t h dayof January , 1993 off THE AMA CASUALTY AND COMPANY r ,r By J eph Ki State of Connecticut ' ernarf S as.HartfordSenior Vice President County of Hartford ) on this 18th day of January , 19 93 ,before me personally came JOSEPH P. KIERNAN to me known,who.being by me duly sworn.did depose and say: that he/she is Senior Vice President of THE/ETNA CASUALTY ANO SURETY COMPANY.the corporation described in and which executed the above instrument;that tie/she knows:he seal of said corporation;thatthe seal affixed to the said instrument is such corporate seal:and that he/she executed the said instrument on benalf of the corporation by authority of his/her office under the Standing Resolutions thereof. \‘• 've t1E ommiseon awes Moral 31. Notary Public R.... Rosalind Christie CERTIFICATE I.the undersigned. Secretary . of THE AEI'NA CASUALTY AND SURETY COMPANY.a stock corporation of the State of Connecticut.00 HEREBY CERTIFY thatthe foregoing and attached Power of Attorney andCrdgate of Authority remains in full force and has not been revoked:and furthermore-that the Standi•.g Resolutions of trio Bos:d of Directors.asset forth in the Certificate of Authonty,are now in force. Signed and Sealed at the Horne Office of the Company,in the City of Hamerd.State Connecticut.Dated this 2 1St day of ,B June ' 93 era., By UU ' Jo W. Welch 15.i9224)tratet 9 ...:::L..-.... PRINTED t?4ua'0 /62 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 CP. O. BOX 758 GREELEY, COLORADO 80632 COLORADO August 4, 2005 Lind Land Company, Inc. P. O. Box 1727 Greeley, Colorado 80632 RE: Cancellation and release of Collateral To Whom It May Concern: Attached hereto please find copies of the Board of County Commissioner's Resolution approving the cancellation and release of collateral, as referenced above. The original Surety Bond is enclosed. If you have questions or need additional information,please do not hesitate to contact me at(970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS ,/ Carol A. Hard ng, Deputy Clerk to the Board pi_ O gici7 ENDORSEMENT It is hereby understood and agreed that Bond Number 19 SB 100762034 BCA issued by The Aetna Casualty and Surety Company, effective April 14, 1993 on behalf of Lind Land Company in favor of the County of Weld, Colorado in the original amount of One Hundred Six Thousand, Six Hundred Ninety-Three and no/100 ($106,693.00) Dollars, is hereby reduced to Two Thousand and No/100 ($2,000.00) Dollars, effective June 12, 1995. It is further understood that One Hundred Four Thousand, Six Hundred Ninety-Three and No/100 ($104,693.00.00) Dollars of the liability under said bond is hereby discharged and The Aetna Casualty and Surety Company released therefrom and the bond shall continue in force and in the reduced amount of Two Thousand and No/100 ($2,000.00) Dollars. Signed and sealed and dated this 27th day of October, 1995. LIND LAND C P Y by: Accepted: COUNTY OF WELD THE AETNA CASUALTY AND SURETY COMPANY by. 3\ — Nola O. Garza, Attorney-in-fact • TILE AETNA CASUALTY AND SURETY COMPANY (`Etna Hartford,Connecticut 06156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL MEN BY THESE PRESENTS,THAT THE AETNA CASUALTY AND SURETY COMPANY,a corporation duly organised under the laws of the State of Connecticut.and having its principal office in the City of Hanford.County of Hanford.State of Connecticut.bath made,constituted and appointed,and does by these presents make,constitute and appoint Phillip R. Fierro, Christopher A. Perrin, Lora L. Cottrell, P. J. McKinnis, Nora 0. Garza, Rebecca.L. Schmuecker, Mary Beecher, Sheryl E. Meurer, Richard C. Schultz, Robert C. Knoke, Kip R. McBean, or Lisa D. Kadel - - of Denver, Colorado ,Its true and lawful Allorneylsl-in-Fact,with lull power and authority hereby conferred to sign,execute and acknowledge.at any place within the United States.or.If the following line be Idled in,within the area theta desig- nated ,the following inslrumentlsl: by his her sole signature and act,any and all bonds,recogNnncee,contracts of indemnity,and other writings obligatory in the nature of a bond, recognisance.or conditional undertaking and any and all consents incidents thereto and to bind THE AETNA CASUALTY AND SURETY COMPANY.(hereby as fully end to the same as ti the same were signed by the duly authm:aed officers of THEAETNA CASUALTYANDSURETYCDMPANY,and*lithe ants ol er:ldAtturnWlsl-In-Fect.purauent to the authority herein given.are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company.which Resolutions are now in lull force end effect VOTED:That of the following officers:Chairman.Vice Chairman.PresIdent.Any Executive Mee President.Any Group Executive,Any Senior Vice President.Any Vice President.Any Assistant Vice President.Any Secretary,Any Assistant Secretary.may from time to time appoint Resident Vice Presidents.Resident Assistant Secretaries,Attorneys-In-Fan,and Agents to act for and on behalf of the Company and may give any such appointee such authority es his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognisance.,contracts of indemnity,and other writings obligatory In the nature of a bond,recognizance,or conditional undertaking.and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him or her. VOTED:That any bond.recognizance.contract of indemnity,or wilting obligatory in the not f a bond,recognizance,or conditional undertaking • shall be valid and binding upon the Company when la)signed by the Chairman,the Vice Chairman.the President,an Executive Vice President. a Group Executive,a Senior Vice President.a Vice President,an Assistant Vice President or bye Resident Vice President,pursuant to the power prescribed in the certificate of authority of such Resident Vice President.and duly attested and sealed with the Company's seal bye Secretary or Assistant Secretary or by a Resident Assistant Secretary,pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary;or(b)duly executed(under seal,If required)by one or more Attorneys-In-Fan pursuant to the power prescribed in his or their vindicate or certificates of authority. This Power of Attorney and Certificate of Authority Is signed end sealed by lecsimlle under and by authority of the following Standing Resolution voted by the Board of Directors of THE AETNA CASUALTY AND SURETY COMPANY,which Resolution Is now in lug force and effect: VOTED:That the signature of each of the following officers:Chairman,Vice Chairman,President,Any Executive Vice President,Any Group Executive.Any Senior Vice President,Any Vice President,Any Assistant Vice President.Any Secretary,Any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating(hereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-In-Fact for purposes only of executing and attesting bonds and undertakings and otherwritingsobligstorytn the nature thereof.and any such power of attorney or certificate boring such lacalmfle signature or facsimile seal shell be valid and binding upon the - Company and any such power so executed andcanified by such facsimile signature and facsimile seal shall be valid end binding upon the Company In the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,THE AETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by Its Vice President.and its corporate seat to be hereto affixed this 15th day of December ,1994 THE AETN CASUALTY.A SU COMPANY State of Connecticut ,7 / - es.Hanford 1 i By County of Hanford Gear Thumped Vice Preside On this 15th day ol December ,19 94 ,before me personally came GEORGE W.THOMPSON to me known,who, being by me duly sworn,did depose and say:that he/she is Vice President of THE AETNA CASUALTY AND SURETY COMPANY,the corporation described in and which executed the above instrument;that he/she knows the seal ol said corporation:that the seal affixed to the said instrument is such corporate seal;and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Sanding Resolutions thereof. /^/ W 4 rrO My can,n,Salon excites Nowmbel 30.19ee Notary Public Rosalind R.Christie CERTIFICATE Asistertt I.the undersigned,Secretary of THE AETNA CASUALTY AND SURETY COMPANY,a stock corporation of the State of Connecticut,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in lull force and has not been revoked;and Iunhermore,that the Standing Resolutions of the Board of Directors.as set lorlh in the Certificate of Authority,are now in fforce. Signed and Sealed at the Home Office of the Company,in the City of Hartford,State of Connecticut.Dated this 27th day of October .19 95 047:1C----- 07: ////II��t A�0 By S-1922 FIM119•931 tillIa THE /ETNA CASU AN • SURETY COMPANY H o on ,icut •6115 A Y Bond No. 19SB1007 4BCA LIFE&CASUALTY SURETY BON KNOW ALL MEN BY THESE PRESENTS, That we Ld n• Company, Inc. . P.O. Box 1727, Greeley, CO 80632 as Principal and THE AETNA CASUALTY -` SURETY O• ,A , a corporation orgae:±_sad under the laws of the State of Conn t ut and - •thorized to transact surety business in the State of Col .ra.'(pi , as Surety, are held and firmly bound unto County of eld State of Colorado, acting through its Board of C•Jr • C•.mmissioners in the sum of One Hundred ' x Th.*sa ; Six Hundred Ninety-Three and No/100 Dollars 106, \ 3 10 ), lawful money of the United States of America, for h: payme , of which, well and truly to be made, wa bind ourselves, our heirs, •-g= r esentativas, successors and assigns, jointly and severally, firmly by hes - presents. WHEREAS, the above-bounden, L' • Land Company, Inc. has filed, or is about to file wi Weld County, Colorado a plat for Wi -d Son R. ch which requires Guarante>' ng h- construction of the onsite and offsite i •rovo. ents WHEREAS, on a 14 day of Anri1 , 19 93 , the Principal entered into a t, referred to as nnaitn/nffcitn inlprncrnmante PPmPnt , with the Obligee. This agreement is by ref en.e made a r hereof. N , .r - s ORE, t - condition of this obligation is such that if the b• e ounden ' - ( cipal shall faithfully complete ronctrurtion of the p • imp •vements shown on plans, plats and sunnortina doc .I ents •f the subdivision then this • .ligation shall be void= otherwise to remain in full force and effect. DATED is 21st day of June • 19 93 . A ST: Lind Land Company, Inc. tin , President THE AETNA CASUALTY AND SURETY COMANY WITNESSED: C-Iste-L...s---- -. ..--Nat----- --,. ___) - BY: ' kr-4- /2 t /1,,&, Donald B.Martin, Attorney-in-fact cAT. :1•eoe . IL-2•T-DI ,o-S! PRINTED IN U.S.A. _ THE iETNA CASUALTY AND SURETY COMPANY re • Hartford, Connecticut 06156 LIFE&CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS,THATTHE,ETNA CASUALTY AND SURETY COMPANY,a corporation dulyorganized under the laws of the State of Connechcut,and having its principal office in the City of Hartford,County of Hartford.State of Connecticut,bath made.constituted and appointed-and does by these presents make.constitute and appoint William C. Gensler, Connie K.Boston, Darlene Krings, Donald B. Martin, Margaret A. Reis, Kathryn J. O'Shea, Michael O'Shea, Chris S. Richmond, Scott Thomas or Kelly T. Urwiller - - of Greeley-Ft. Collins, Colorado,its true and lawful Attomeylel•in•Fact with full power and authority hereby conferred to sign. execute and acknowledge-at any place within the United States. or,if the following line be filled in. within the area there desig- noted ,the following instruments): by his/her sole signature and act any and all bonds.recognizant's.contracts of indemnity,and other wn ings obligatory in the nature of a bond. recognizance,or conditional undertaking,and any and all consents incidents thereto • and to bind THE/ETNA CASUALTY AND SURETY COMPANY,thereby a fully and to the same want as if the same were signed by the duly authorized officers of THE,ETNA CASUALTY ANOSURETY COMPANY,and all the acts rrtsaidAttomeyleHn•Fact,pursuant to the authority herein given.are hereby ratified and confirmed. This appointment is made under end by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED:That each of the following officers:Chairman.Vice Chairman.President My Executive Vice President.Any Senior Vice President.Any Vices President.AnyAawtant Vice-President.Any Secretary,Any Assistant Secretary,may from time totems appoint Resident Vice Presidents.Resident Assistant Secretaries.Attornaywin•Faa,and Agents to ea for and on behalf oftheCompmy and may give any such appointee such authority as his certificate of authority may presnibs to sign with the Company's name and seal with the Company's seal bonds.recognizances.contracts of indemnity,and other writings obligatory in the natumof a bond,recogniance,or conditional undrtaking,and any of said officers or the Board of Directors may at any time remove any such appoints and revoke the power and authority given him. VOTED:That any bond,recegnlance.nntractof Indanniry,rwritbg obligatory in Menatureof'bats.retogniance,or conditional undertaking shall be valid and binding upon the Company when Mk signed by the Chairman,the Vin Chairmen.the President an Executive Vice President a Senior Vice President a Vice President-an Assistant Vice President or by a Resident Vice President,pursuant to the power prescribed in the certificateof authoriryof such Resident Vice President,and duly Mated and tined with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary,purawntto thepowe prasaibed in theaartificaaofauthority of such ReaidentAniaant Secretary:or lb)duly executed Iundr seal,if required)by one or more Attorneys-in-Fact pursuant to the power presoibed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Beard of Directors of THE AETNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED:That the signsture of each of the following officers:Chairman,Via Chairman.President My Executive Vice President Any Senior Vice President.AnyVie President Any Assistant Vice Weider,Any Secretary,AnyAasiatantSeaaay,and theseal of the Company may beaffixed by facsimile to any power of attorney or to any certificate relating the eto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomps-in•Faofor purposes only of executing and attesting bonds and undertakings and othrwrhingsobligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal mall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,THE ATTNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Senior Vice President ,and its corporate seal to be hero affixed this 18t h J day of anuary , 1993 r' \i THE aTlas CASUAL'', AND RETY COMPANY • r�rsa. .l By State of Connecticut &29;1144.144.Kierna Caumy of Hartlore '�1^'ntpro Vice President on thts 18th day of January 19 93 ,before me perennial.came JOSEPH P. KIERNAN to me known.who,being by me duty sworn-did depose and say:that he/she is Senior Vice President of THE/ETNA CASUALTY AND SURETY COMPANY, he corporation described in and which executed the above instrument:that he/she knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal:and the he/she executed the said instrument on behalf of the corporation by authority of his/hr office under the Sanding Resolutions thereof. /F re // •/� L '` !!s., • . imam ogre Mach 31, Notary Public Rosalind R. Christie CERTIFICATE I.the undersigned. Sea'etarY of THE JE fMA CASUALTY AND SURETY COMPANY,a stock corporation of the Staten Connecticut.00 HEREBY CERTIFY throttle Mregoing and attached Power of Attorney and Certificate of Authority remeant in full force and has not been revoked:and furthermore.that the Sandi'.g Reaoiutions of the Boe:d of Directors,asset forth in the Certificate of Authonry,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford.Stan off(Connecticut Dated this 21st day of 19 June 93 • IS-1922.'1 Lei a,aa G f1 M. Welch COLLATERAL RELEASED IN CONJUNCTION WITH OTHER CASES SEE #2005-2091 Hello