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RESOLUTION
RE: THE BOARD OF EQUALIZATION, 1990, WELD COUNTY, COLORADO
PETITION OF: HIGH LEAN PORK INC
J PAUL MC INTOSH
10521 N COUNTY RD 17
FORT COLLINS, CO 80521
DESCRIPTION OF PROPERTY: PIN: R 0688986 PARCEL: 055330000011
- 19110-B S2SW4SE4 30 8 66 EXC UND INT IN NON-PRODUCING M I
(1R) %13031 WCR 88)
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, organized as a Board of Equalization for the purpose
of adjusting, equalizing, raising or lowering the assessment
and valuation of real and personal property within this
County, fixed and made by the County Assessor for the year
1990, and
WHEREAS, said petition has been heard before the County
Assessor and due notice of adjustment thereon has been given
to the taxpayer(s) , and
WHEREAS, the taxpayer(s) presented a petition of appeal
to the County Assessor's valuation for the year 1990, claiming
grounds for relief thereunder stating the property described
in such petition was assessed too high, as more specifically
stated in said petition, and
WHEREAS, said petitioner being represented by J. Paul
McIntosh, and
WHEREAS, the Board has made its findings on the evidence,
testimony and remonstrances and is now fully informed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, acting as the Board of
Equalization, that the evidence presented at the hearing
clearly supported the value placed upon the Petitioner's
property by the Weld County Assessor. Such evidence indicated
the value was reasonable, equitable, and derived according to
the methodologies, percentages, figures and formulas dictated
to the Weld County Assessor by law. As such, this Board finds
that the Petitioner failed to meet its burden of proving that
the Assessor's valuation was incorrect. The assessment and
valuation of the Weld County Assessor shall be, and hereby is,
affirmed.
901496
Page 2
RE: BOE - HIGH LEAN PORK INC
BE IT FURTHER RESOLVED that a denial of a petition, in
whole or in part, by the Board of Equalization may be appealed
by selecting one of the following three options:
1. Board of Assessment Appeals: You have the right to
appeal the County Board of Equalization's (CBOE's) decision
to the Board of Assessment Appeals (BAA) . Such hearing is the
final hearing at which testimony, exhibits or any other
evidence may be introduced. If the decision of the BAA is
further appealed to the Court of Appeals, only the record
created at the BAA hearing shall be the basis for the Court's
decision. No new evidence can be introduced at the Court of
Appeals. (39-8-108 (1) , CRS)
Appeals to the BAA must be made on forms furnished by
the BAA, and should be mailed or delivered within thirty (30)
days of denial by the CBOE to:
Board of Assessment Appeals
1313 Sherman Street, Room 523
Denver, CO 80203
Phone: 866-5880
OR
2 . District Court: You have the right to appeal the
CBOE 's decision to the District Court of the county wherein
your property is located. New testimony, exhibits or any
other evidence may be introduced at the District Court
hearing. For filing requirements please contact your attorney
or the Clerk of the District Court. Further appeal of the
District Court's decision is made to the Court of Appeals for
a review of the record. (39-8-108 (1) , CRS)
OR
3 . Binding Arbitration: You have the right to submit
your case to arbitration. If you choose this option the
arbitrator's decision is final and your right to appeal your
current valuation ends. (39-8-108. 5, CRS)
Selecting the Arbitrator - In order to pursue
arbitration, you must notify the CBOE of your intent. You and
the CBOE select an arbitrator from the official list of
qualified people. If you cannot agree on an arbitrator, the
District Court of the county in which the property is located
will make the selection.
Arbitration Hearing Procedure - Arbitration hearings
are held within sixty days from the date the arbitrator is
selected. Both you and the CBOE are entitled to participate.
The hearings are informal. The arbitrator has the authority
Page 3
RE: BOE - HIGH LEAN PORK INC
to issue subpoenas for witnesses, books, records, documents
and other evidence. He also has the power to administer
oaths, and all questions of law and fact shall be determined
by him.
The arbitration hearing may be confidential and closed
to the public, upon mutual agreement. The arbitrator's
written decision must be delivered to both parties personally
or by registered mail within ten (10) days of the hearing.
Such decision is final and not subject to review.
Fees and Expenses - The arbitrator's fees and expenses
are agreed upon by you and the OBOE. In the case of
residential real property, such fees and expenses cannot
exceed $150. 00 per case. The arbitrator's fees and expenses,
not including counsel fees, are to be paid as provided in the
decision.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 3rd
day of Algust, Akjialtein
.D. , 990.
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD NTY, COLORADO
Weld County Clerk to the Board
_anOK
ene R. Brantner, Chairman
+ ITYf,L-rr a-i.
eputy Clerk to he Board
"taredy, Pro-Tem
APP$O� o AS TO FORM: ��
/" — Constance L. Har ert
� c C <
ount .
y Attorney C. W. K 2
7 '
Gor o c
\ OFFICE OF COUNTY ASSESSOR
1 915 10th STREET
GREELEY,COLORADO 80631
S t1 Fit. -. UP �.,.JUt. PHONE(303)3564000, EXT.4256
wine 14t1U ` Wet k.4 JO d 63 LAC ONE 1NI 1fA
NON PXODU„:INU 0 1 ( l:z ) o130J1 wCR Ft3)
COLORADO
4 , •
OWNER HIGH LEAN PORK INC
ti 0fth PAitCLL OSS.a3000r0011
PIN tt :1°8it +cio
C>
.J PAUL r7C 1 ;VT 05 t)
10..}2,1 N COUNTY RD 17 YLan x 'r 90 ---1
r- JK1 is CG I-.:.I(J CEl 11'.'SZl L Jv;:3,_ .—•1
(il r.
ti -.)1 A 3/ „ 0 i�
The appraised value of property is based on the appropriate consideration of the approaches to value required by law. The Asstor has ghlerrruiMd
that your property should be included in the following category(ies): v W
Residential property is valued by considering the cost and market approaches.
Agricultural land value is determined solely by the earning or production capacity of the land, capitalized at a rate set by law.
Producing mines are assessed at 25%of the gross proceeds or 100°%of the net proceeds,whichever is greater.
Oil and gas leaseholds and lands are assessed at 87.5% of the gross value of the oil and/or gas sold or transported from the premises on
primary production;secondary production is valued at 75%.
All other property, including vacant land, is valued by considering the cost, market,and income approaches.
If your concern is the amount of your property tax, local taxing authorities (county, city, fire protection, and other special districts) hold
budget hearings in the fall. Please refer to your tax bill or ask your Assessor for a listing of these districts,and plan to attend these budget hearings.
The Assessor has carefully studied all available information, giving particular attention to the:specifics included on your protest and has deter-
mined the valuation(s) assigned to your property. The reasons for this determination of value*e:
YOL,H HSGES:r Ntta7 vii')Li.) .3i4 THE AJ�i1: 110.4kt• iNt-UR;iAI 1 U Y. .1j -
PrtLVi�lLii• ,.
i=EUJU5T DIAL L:E FLIP AU;_ AN:.i d:()N i-.111 Dtv UP L9ULLDINL"•
PETITIONER'S ASSESSOR'S VALUATION
PROPERTY CLASSIFICATION ESTIMATE ACTUAL VALUE ACTUAL VALUE
OF VALUE PRIOR TO REVIEW AFTER REVIEW
iy
o \�fd )i)14';) �v9ClY1� „9 N\6�\ �9>1v3 1,‘ 1 � � 1 ')G `)11 Q) 2 A
�Pt\ �\ ,\E2. rkr I ENV 1
19.
6'e.aNL; 0 ��� � 16C N5�)� r��l� ��� -132� 1YI'E?a,sylti5�Yd , - talt�
t 1 f I `
1hiYJ 11i; *k)1'u 91 i1L;'ai 39S�y
337 I '3�3 ? I
! ( 6; II le gr.,39,3—
TOTALS $ $ 17 467 $ dfir )rsU
If you disagree with the Assessor's decision,you have the right to appeal to the County Board of Equalization for further consideration,
39-8-106(1)(a),C.R.S. Please see the back of this form for detailed information on filing your appeal.
By: RICHARD W. KEIRNES �b
ego r;
WELD COUNTY ASSESSOR DATE
15-OPT-AD
Form PR-207 87/90ADDITIONAL INFORMATION ON REVERSE SIDE 'pd
YOU HAVE THE RIGHT TO APPEAL THE ASSESSOR'S DECISION
The County Board of Equalization will sit to'near appeals beginning July 1 and continuing through August 10 for real property
(land and buildings) and personal property (furnishings, machinery, and equipment). 39-8-104 and 39-8-107(2), C.R.S.
REAL. PROPERTY APPEAL PROCEDURES: (Land and Buildings)
If you choose to appeal the Assessor's decision, mail or deliver one copy of this completed form to the County Board of
Equalization. To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE
JULY 10.
PERSONAL PROPERTY APPEAL PROCEDURES: (Furnishings, Machinery, and Equipment)
If you choose to appeal the Assessor's decision, mail or deliver one copy of this completed form to the County Board of
Equalization, To preserve your right to appeal, your appeal must be POSTMARKED OR DELIVERED ON OR BEFORE
JULY' 15.
WELD COUNTY BOARD OF EQUALIZATION
915 10th Street, P.O. Box 758
Greeley, Colorado 80632
Telephone (303) 356-4000, Ext. 42.25
NOTIFICATION OF HEARING: You will be notified of the time and place set for the hearing of your appeal.
COUNTY BOARD OF EQUALIZATION'S DETERMINATION:
The County Board of Equalization must make a decision on your appeal and mail you a determination within five business
days. The County Board must conclude their hearings by August 10.
TAXPAYER RIGHTS FOR FURTHER APPEALS:
If you are not satisfied with the County Board of Equalization's decision, you must file within thirty days of the County
Board of Equalization's decision to ONE of the following:
Board of Assessment Appeals (BAA):
Contact the BAA at 1313 Sherman, Room 523, Denver, Coiorado 80203, (303) 866-5880.
District Court:
9th Avenue and 9th Street, P.O. Box C
Greeley, Colorado 80632
Telephone (303) 356-4000, Ext. 4520
Arbitration:
WELD COUNTY BOARD OF EQUALIZATION
915 10th Street, P.O. Box 758
Greeley, Colorado 80632
Telephone (303) 356-4000, Ext. 4225
If you do not receive a determination from the County Board of Equalization by August 2.5, you must file an appeal with
the Board of Assessment Appeals by September 24,
TO PRESERVE YOUR APPEAL RIGHTS, YOU MUST PROVE YOU HAVE FILED A TIMELY APPEAL,
THEREFORE,WE RECOMMEND ALL CORRESPONDENCE BE MAILED WITH PROOF OF MAILING.
PETITION TO THE COUNTY BOARD OF EQUALIZATION
In the space below, please explain why you disagree with the Assessor's valuation. Attach additional documents as necessary.
r1M's ,L('�1 ► Sale in !%90 fro ruled acf4al Market Eralq e,. Ttcrev-f eeifld got
l 8 Y- tl 1-11111 Lee aid '� '7.2 0 s`p r �a ft
a� UbrlYlie . �l s ( riekicti t ( ctret-es hiill� eder-S util,17es e` e .
l9g Ya e 4vackrd �aye- bee , ev-ev, less
//a. ,(aaT--T2-CO
1.11111..
414c49vE
i0,._ D E
OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE(303) 356-4008 EXT. 4200
P.O. Box 758
GREELEY, COLORADO 80632
C.
COLORADO
July 25, 1990
HIGH LEAN PORK INC
J PAUL MC INTOSH
10521 N COUNTY RD 17
FORT COLLINS, CO 80521
The Weld County Board of Equalization has scheduled your hearing for
Friday, August 3, 1990, at or about 11:00 A.M. regarding your
tax assessment for property in Weld County, Colorado, described as:
19110-B S2SW4SE4 30 8 66 EXC UND INT IN
NON-PRODUCING M I (1R)813031 WCR 88)
The public hearing will be held in the Chambers of the Board, Weld
County Centennial Center, First Floor, 915 10th Street, Greeley,
Colorado, at the above specified time.
Procedure for hearings before the Weld County Board of Equalization
will be as follows:
Assessor:
1) The Assessor shall present his case first. He shall
present evidence concerning the manner in which the
property was assessed, both orally and in written form.
(15 minutes)
Taxpayer:
1) The taxpayer will present his case second.
2) Taxpayer may present all evidence, orally and/or in
written form as exhibits.
3) Evidence presented will be limited to actual or
assessed values of like properties or sales of like
properties from January 1, 1987 through June 30, 1988.
Testimony concerning tax amounts and their usage by law
are not applicable at this hearing. (15 minutes)
Page 2
RE: BOE - R0688986
Decision of County Board of Equalization:
1) By law, the valuation of property for taxation as
determined by the Assessor is presumed to be right. The
taxpayer is therefore required to present sufficient
evidence to prove his case.
2) The decision of the County Board of Equalization shall
be based only on the testimony produced and exhibits
introduced at the hearing.
3) The decision of the County Board of Equalization shall
include a statement of findings and conclusions upon all
the material issues of fact and law presented and shall
either affirm the Assessor's assessment or shall amend
it as stated.
If you are unable to attend at the time scheduled above, please
contact this office immediately. Our phone number is (303)
356-4000, ext. 4225.
Sincerely,
Donald D. Warden
Weld County Clerk to the Board
su . o t �,i ��4�
Deputy Clerk to the\Board
P 556 982 r02
RECEIPT FOR CERTIFIED MAIL
No INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent to
St
HIGH LEAN PORK INC
JPAUL NC INTOSH
10521 N COUNTY R0 . 17
FORT COLLINSs CO 80521
Certified Fee
Special Delivery Fee
Restncted Delivery Fee
to turnwho Receipt showing
b whom and Date wing Delrvered
to
� Return Receipt showing li whom,
Date. and Address of Delivery
v
z TOTAL Postage and Fees
� S
c
2 Postmark or Date
E
LL 7fri9/922
N
o.
E3 o E .0,LS
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return receipt fee will provide you the name of the person delivered to and
the date of delivery. For additional fees the following services are available. Consult postmaster for fees
and check boxles)for additional servicels) requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to: 14. Article Number
HIGH LEAN PORK INC • S—O=1---
J PAUL MC 1NTOSH Type of Service:
• 10521 N COUNTY RD 17 ❑ Registered ❑ Insured
ertified ❑ COD
FORT COLLINS, CO 80521 tpress Mail ❑ Return Receipt
for Merchandise
Always obtain signature of addressee
r - or agent and DATE DELIVERED.
a
' 5. Si at re — Addr ee 8. Addressee's Address (ONLY if
,Al2,321� requested and fee paid)
X ��nt
B. Signature — Agent
X
•
I 7. Date df Delivery
j1-r, 3 n 1990
• PS Form 3$1 , Apr. 1989 •U.S.G.P.O.1989.238.815 DOMESTIC RETURN RECEIPT
lait��.
•
THE HIGH PLAINS JUN i 2 1989 i
LIVESTOCK GROUP -
June 9, 1909 117 East Mountain Avenue,Suite205 Fort Collins,Colorado80524 Office:303/484-3422 ,
Mr. Richard W. Keirnes
Weld County Assessor f
915 10th Street
Greeley, Co. 80631
Reference: 1909 Real Property Actual Values.-As determined by
the Assessor 's Office on the following -Commercial hog operations:
Ault Farm - Schedule O7112c'?OOOO22 - r <-,3
;
� 1 ' > ,7 V
Fierce Farm - Schedule 0557_f)c_)Z10011 - $113, 487.
Assessed to High Plains Land & Livestock, Inc.
Dear Mr. Keirnes:
The above properties are owned by High Plains Land & Live-
stock:, Inc. and operated by High Plains Livestock: Cooperative.
Operations were so unprofitable that on January 4, 1909 both
corporations were placed in receivership with the National Stank
For Cooperatives as plaintiff. The Receivership is under the
supervision of the District Court of Larimer County and Mr. Edward
Cordes has been appointed Receiver.
In March, 1989, the National Bank For Cooperatives (CODANK)
retained Agricon, Inc. to conduct a review, analysis, and
appraisal of the High Plains assets and operations. Their
analysis of the empty Improvements on these farms is as follows:
Ault Farm - $107, 000 00 + or - $25,000.
0.
Fierce Farm - $124, in_0 + or -- $.30,0c'0.
During 1989 the operations have failed to generate a
positive cash flow (even without providing for property taxes or
debt service) .
The hog breeding and feeding industry is facing a duel
market problem: a surplus of market hogs which is depressing hog
sale prices and drought-induced high feed costs.
Under these conditions, the Receiver is facing an extremely
difficult task: in attempting to sell all the farms under his
management.
Since the Weld County farms are not viable commercial
entities at the present time, we believe that their tax valu-
ations should not exceed the amounts determined by our :apprais-
er 's base values.
Sincerely,
EXHIBIT
HIGH PLAINS LAND AND LIVESTOCK, INC. A-.
o
��i Lea
Q
Jack: Welsh
Controller
I
.. irk
AGMicun1 .5
r rc r� PLAINS LAND
r • N.
Presented' to
National Bank ,for_ Cooperatives
•
•
•
•
Wichita . Region
•
•
•
March 31 , 1989
•
I1L01 Wes( Dodge Road • Qlltafta. Nebraska 68154, 11.5.!1, • (4(12} 334-125L • lEle%: 51(16UI6U10 A(iHi(:(1N UldA
�/- J LI - 30 - 89 FR I 13 : 34 AGR I CON
P , 0
AGRICON, INC.
AGRICULTURAL CONSULTING
AGRICON staff are experienced In assisting farm
owner/operators in analyzing the operations and financial
aspects of their farming operation. Services provided under
a consulting contract may Includes
+ Analysts of financial and operational strengths
and weaknesses (enterprise analysis) .
+ Develop operational plans to maximize strengths
•
and strengthen or eliminate weak areas.
+ Analysis of financial needs and requests
to include developing financial statements,
budgets, cashflows and other necessary
information for presentation to appropriate
lenders.
+ Assist in development of debt restructuring
plans and presentation to appropriate
creditors.
+ Design of and/or assistance In maintaining
good recordkeeping systems.
+ Complete recordkeeping service with
enterprise analysis.
+ Preparation of financial information
required for bankruptcy.
Consulting experience has Included clients with grain and
livestock operations involving thousands to millions of
dollars. Clients have included owner/operators, financial
institutions and governmental agencies. Fees are based upon
a time charge plus expenses.
PROFESSIONAL PERSONNEL .
Our staff has formal education and advanced degrees to
various' areas of agricultural studies. Of equal importance,
all managers have farm backgrounds and a minimum of ten years
of management and consulting experience. Because of this,
AGRICON provides professional personnel who are able to
understand and work with the challenges and opportunities
presented by today's agricultural economy.
Professional staff are active members of the American Society
of Farm Managers and Rural Appraisers as well as the
American Society of Agricultural Consultants . Our staff
utilize various programs presented by these organizations to
assist in maintaining a professional approach to their
careers. All of the management staff are licensed Real
Estate Brokers In Nebraska and Iowa.
REPORT ON OPERATIONAL ANALYSIS AND REVIEW OF
HIGH PLAINS LAND AND LIVESTOCK CO-OP
I . INTRODUCTION
On March 9, 1989, initial contact with Agricon, Inc. was made by
Mr. Dennis Bllck of the Wichita COBANK. Agricon, Inc. was
subsequently retained by COBANK to conduct a review and analysis
of High Plains Land and Livestock Coop, headquartered in Ft.
Collins, Colorado.
An Inspection trip to , each of the operating sites of the High
Plains swine operations was made March 16 thru 19. Time was
also spent to the Ft. Collins office with Mr. Ed Cordes and Mr.
Harold Meyers at which time information was collected and
'operations were reviewed.
The scope of work given by COBANK personnel included the
following:
A. Visit each operational site and analyze each for its
"operational efficiencies, inherent strengths and
weaknesses, synergies and optimal capacities" .
B. Determine, from the Bank's perspective, the "optimal
method/level of operation for an interim period of
time, taking into account the cashflow requirements
versus the possible enhancements to prospective
buyers".
C. "Provide professional opinions regarding the timing,
time frames, risks and marketing strategies
associated with various methods of disposing of this
business".
D. "Consider, from a prospective buyer's viewpoint , the
optimum method of disposal of the business".
This report addresses each of the four review and analysis areas
delineated in the scope of work.
Page 5
4. Pierce: A good unit with minimal design balance problems
(short on finishing space) . Works well in the total
operation as a parent herd due to its size and location -
isolation 1s a definite advantage.
Marketability: Good buyer appeal and marketability, due to
its size and location, either as a stand-alone unit or as
- part of a larger operation.
Future Production Level : A 275 sow herd with a fat hog
production target of 5.203 head per year. Females to be used
as replacement stock for commercial herd. All replacement
stock should be purchased for this unit.
Recommended Changes: All breeding stock replacements to be
purchased from outside source ( 1 .e. . De Kalb) , increase sow
herd to 275. Restrict movements on/off property as much as
possible for herd health considerations.
_ _
I. ESTIMATE OF LIQUIDATION VALUES
Total Value (Rounded)
Inventory (2-28-89) t Hd Ave Wt/Hd 1001 of Value 901 of Value 1001 901
Estimated Range of Empty Improvement Values
1 UNITS UNITS x S/UNIT - VALUE TOTAL
FORT COLLINS SOUTH
FORT COLLINS NORTH
AULT 2100 Gro.-Fin. x 30 /Hd 63,000
1 House i 80 Acres 40,000 103,000 + or - 25,000
PIERCE 275 Sows x 300 /Sou = 82,500
1375 6ro.-fin. x 30 /Hd 41,250 124,000 + or - 30,000
SOUTH PLATTE
RIVERSIDE
W1GGINS NORTH
WIGGINS SOUTH
DUNE RIDGE
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