alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 206.26 Change in payment option. ( a ) *General.* The payment option may be changed as provided in this section.
( b ) *Borrower request for payment plan change* — ( 1 ) *Adjustable Interest Rate HECMs.* ( i ) During the First 12-Month Disbursement Period, no payment plan change shall cause disbursements to exceed the Initial Disbursement Limit.
( ii ) After the First 12-Month Disbursement Period, as long as the outstanding loan balance is less than the principal limit, a borrower may request a recalculation of the current payment option, a change from any payment option to another available payment option or a disbursement of any amount (not to exceed the difference between the principal limit and the sum of the outstanding loan balance and any set asides for repairs, servicing charges or property charges). A mortgage will continue to bear interest at an adjustable interest rate as agreed between the mortgagee and the borrower at loan origination. The mortgagee shall recalculate any future monthly payments in accordance with § 206.25.
( iii ) *Fee for change in payment.* The mortgagee may charge a fee, not to exceed an amount determined by the Commissioner, whenever there is a payment plan change or whenever payments are recalculated.
( iv ) *Limitations.* The Commissioner may, through notice, establish limitations on the frequency of payment plan changes, a minimum notice period that a borrower must provide in order to make a request under paragraph (b)(1)(ii) of this section, or other limitations on payment plan change requests by the borrower.
( 2 ) *Fixed Interest Rate HECMs.* Borrowers may not request a change in payment option.
( c ) *Change due to initial repairs.* When initial repairs after closing under § 206.47 are required using a Repair Set Aside, mortgagees shall comply with the following: ( 1 ) *Adjustable Interest Rate HECMs.* ( i ) If repairs after closing under § 206.47 are completed without using all of the funds set aside for repairs, the mortgagee shall transfer the remaining amount to a line of credit, modified term, or modified tenure payment option and inform the borrower of the sum available to be drawn.
( ii ) If repairs after closing under § 206.47 cannot be completed with the funds set aside for repairs, the mortgagee may advance additional funds to complete repairs from an existing line of credit. If a line of credit is not sufficient to make the advance or if no line of credit exists, future monthly disbursements shall be recalculated for use as a line of credit in accordance with § 206.25.
( iii ) If repairs are not completed when required by the mortgage, the mortgagee shall stop monthly payments and the mortgage shall convert to the line of credit payment option. Until the repairs are completed, the mortgagee shall make no line of credit disbursements except as needed to pay for repairs required by the mortgage.
( 2 ) *Fixed Interest Rate HECMs.* No unused set aside funds shall be made available to the borrower, except that a borrower may be reimbursed for the cost of repair materials (not including labor), in accordance with § 206.47, under conditions established by the Commissioner.
### §618j. Effect of refusal to modify existing contracts

Any contractor for energy from the project failing or refusing to execute a contract modifying its existing contract to conform to this subchapter shall continue to pay the rates and charges provided for in its existing contract, subject to such periodic readjustments as are therein provided, in all respects as if this subchapter had not been passed, and so far as necessary to support such existing contract all of the provisions of the Project Act [43 U.S.C. 617 et seq.] shall remain in effect, anything in this subchapter inconsistent therewith notwithstanding.

(July 19, 1940, ch. 643, §11, 54 Stat. 778.)

#### **Editorial Notes**

#### References in Text

The Project Act, referred to in text, is defined in section 618k of this title.
ex10_52.htm









Exhibit 10.52


SECOND AMENDMENT


TO THE


EMPLOYMENT AND NON-COMPETITION AGREEMENT







The Sheridan Group, Inc. (the "Employer") and John A. Saxton (the "Employee") wish to amend the Employee's Employment and Non-Competition Agreement dated April 1, 2007 (the "Agreement") to (i) bring the Agreement into compliance with the requirements of Internal Revenue Code section 409A and the Treasury Regulations and other authoritative guidance issued under that section, pursuant to IRS Notice 2010-6, and (ii) provide additional severance benefits.







WHEREAS, no payments of deferred compensation subject to Code section 409A have been made from the Agreement (originally effective February 2, 1998, and amended April 1, 2000), and the Parties have been in operational compliance with Code section 409A since January 1, 2005.







Accordingly, the Agreement is amended as follows:







1.  Effective September 1, 2010, a new item (E) is added to Section 6(e)(i) to read as follows:







"and (E) payment of reasonable expenses related to career transition services (outplacement) with a mutually agreed upon provider, in accordance with the Employer's outplacement schedule of benefits."







2.  Effective April 1, 2007, Section 10(g) – Arbitration of Disputes – is amended by deleting the sentence that was added to the end of that Section by Amendment No. 1 and by replacing it in its entirety with the following new language:







"The Employee's right to reimbursement of expenses by the Employer under this Section is available to the Employee during the Employee's lifetime.  The amount of expenses eligible for reimbursement during one calendar year shall not affect the expenses eligible for reimbursement in any other calendar year. Any reimbursement of an eligible expense shall be made to the Employee by the last day of the calendar year following the calendar year in which the expense was incurred."







3.  Effective April 1, 2007, Section 10(i) – Governing Law – is amended by adding the following new sentence to the end of that Section:







"To the extent Code section 409A applies, the terms of this Agreement shall be interpreted as necessary to comply with the requirements of Code section 409A."







In all other respects, the Agreement shall remain in full force and effect.






  





  











  








IN WITNESS WHEREOF, the Parties have caused this Amendment to be duly executed, effective as specified herein.








	
ATTEST/WITNESS:

	  	
THE SHERIDAN GROUP, INC.


	  	  	  	  	  
	  	  	  	  	  
	 	/s/ Dale A Tepp	 	 	/s/ Robert M. Jakobe
	  	  	  	  	  
	
Print Name:

	
Dale A. Tepp

	  	
Print Name:

	
Robert M. Jakobe


	  	  	  	  	  
	  	  	  	
Date:

	
September 8, 2010


	  	  	  	  	  
	 	/s/ Dale A. Tepp	 	 
/s/ John A. Saxton


	  	  	  	
John A. Saxton


	
Print Name:

	
Dale A. Tepp

	  	  	  
	  	  	  	
Date:

	
August 31, 2010
§ 266.215 Functions delegated by HUD to HFAs. The following functions are delegated by HUD to the HFAs: ( a ) *Affirmative Fair Housing Marketing Plan (AFHMP).* The HFA will perform information collection, reviews and ministerial activities associated with the review and approval of the AFHMP for all projects. (Enforcement of fair housing and equal opportunity laws is the responsibility of HUD.)
( b ) *Labor standards and prevailing wage requirements.* The HFA will perform information collection (e.g., payroll review and routine interviews) and other routine administration and enforcement functions regarding labor standards, in accordance with § 266.225(e). (Enforcement of Davis-Bacon prevailing wage requirements and labor standards is the responsibility of HUD.)
( c ) *Insurance of advances.* In cases involving insured advances, the HFA will approve periodic advances of mortgage insurance proceeds during construction of the project subject to terms specified by the Commissioner.
( d ) *Cost certification.* The HFA will perform cost certification functions on each insured loan subject to terms specified by the Commissioner.
( e ) *Lead-based paint.* The HFA will perform functions related to Lead-based paint requirements as set forth in 24 CFR part 35, subparts A, B, G, and R.
[59 FR 62524, Dec. 5, 1994, as amended at 85 FR 83442, Dec. 22, 2020]
#### George Kegher, appellee, v. John B. Cooper, appellant.

Gen. No. 7,140.

Suit for wages on yearly contract. Judgment for plaintiff. Appeal from the County Court of Kankakee county; the Hon. James T. Burns, Judge, presiding. Heard in this court at the October term, 1922.

Affirmed.

Opinion filed August 13, 1923.

Robillard & Henry, for appellant. Frank J. Burns, for appellee.

Mr. Justice Jones

delivered the opinion of the court.
#### NORTHAM, Respondent, v. DUTCHESS COUNTY MUT. INS. CO. OF POUGH-KEEPSIE, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 13, 1903.)

Action by Lewis A. Northam, as assignee, etc., against the Dutchess County Mutual Insurance Company of Poughkeepsie, New York.

No opinion. Judgment and order affirmed, with costs.

McLENNAN, J.,

dissenting, upon the ground that the verdict .is against the weight of evidence, on the authority of same case. 68 App. Div. 475, 74 N. Y. Supp. 29.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 6695** 

WALTER THOMAS GODBEY , Plaintiff

– Appellant ,

v. HUBERT SIMMONS, Correctional Officer; PAUL J. MASTERSON, Detective , Defendants

– Appellees , and
FEDERAL BUREAU OF PRISONS; PRINCE WILLIAM COUNTY POLICE DEPARTMENT , Defendants

.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria

. T. S. Ellis, III, Senior District Judge. ( 1:11

- cv - 00704

- TSE

- TCB )

Submitted : June 13, 2013 Decided: June 18, 2013

Before NIEMEYER, KING, and FLOYD , Circuit Judges.

Dismissed by un published per curiam opinion

.
Walter Thomas Godbey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Walter Thomas Godbey seeks to appeal the district court’s order denying his motion to reconsider the court’s prior order partially dismissing his civil rights action **.** This court may exercise jurisdiction only over final orders, 28 U.S.C.
§ 1291 (200 6 ), an d certain interlocutory and collateral orders, 28 U.S.C. § 1292 (200 6 ); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 , 545

- 46 (1949). The
order Godbey seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately prese nted in the materials before this court and argument would not aid the decisional p rocess.
DISMISSED
§ 3288.25 Initiation of dispute resolution. ( a ) *Preliminary effort.* HUD strongly encourages the homeowner or party reporting an alleged defect to seek to resolve the dispute directly with any manufacturer, retailer, or installer that the person reporting the defect believes to be responsible before initiating the HUD dispute resolution process.
( b ) *Request for dispute resolution.* Any of the parties or the homeowner may initiate the HUD Manufactured Home Dispute Resolution Program at any time after an alleged defect has been reported, by requesting dispute resolution, as follows: ( 1 ) By mailing, e-mailing, or otherwise delivering a written request for dispute resolution to the dispute resolution provider at the address or e-mail address provided either at *http://www.hud.gov ,* or by contacting HUD's Office of Regulatory Affairs and Manufactured Housing at (202) 708-6423 or (800) 927-2891;
( 2 ) By faxing a request for dispute resolution to the fax number provided either at *http://www.hud.gov ,* or by contacting HUD's Office of Regulatory Affairs and Manufactured Housing at (202) 708-6423 or (800) 927-2891; or
( 3 ) By telephoning a request for dispute resolution to the number provided either at *http://www.hud.gov ,* or by contacting HUD's Office of Regulatory Affairs and Manufactured Housing at (202) 708-6423 or (800) 927-2891.
( c ) *Requested information.* The dispute resolution provider will request at least the following information when a person seeks to initiate dispute resolution under the HUD Manufactured Home Dispute Resolution Program: ( 1 ) The name, address, and contact information of the homeowner;
( 2 ) The name and contact information of the manufacturer, retailer, and installer of the manufactured home, to the extent available;
( 3 ) The date the report of the alleged defect was made;
( 4 ) The name and contact information of the recipient or recipients of the report of the alleged defect;
( 5 ) The date of installation of the manufactured home affected by the alleged defect; and
( 6 ) A description of the alleged defect.
### §9672. State laws; scope of subchapter

#### (a) State laws

Nothing in this subchapter shall be construed to affect either the tort law or the law governing the interpretation of insurance contracts of any State. The definitions of pollution liability and pollution liability insurance under any State law shall not be applied for the purposes of this subchapter, including recognition or qualification of risk retention groups or purchasing groups.

#### (b) Scope of subchapter

The authority to offer or to provide insurance under this subchapter shall be limited to coverage of pollution liability risks and this subchapter does not authorize a risk retention group or purchasing group to provide coverage of any other line of insurance.

(Pub. L. 96–510, title IV, §402, as added Pub. L. 99–499, title II, §210(a), formerly §210, Oct. 17, 1986, 100 Stat. 1716; renumbered §210(a), Pub. L. 99–563, §11(c)(1), Oct. 27, 1986, 100 Stat. 3177.)
###### Editorial Note on Part 5

#### Editorial Note:

Nomenclature changes to part 5 appear at 65 FR 16715, Mar. 29, 2000.

#### § 5.380 Public housing programs: Procedure for development of pet rules.

PHAs that choose to promulgate pet rules shall consult with tenants of projects for the elderly or persons with disabilities administered by them with respect to their promulgation and subsequent amendment. PHAs shall develop the specific procedures governing tenant consultation, but these procedures must be designed to give tenants (or, if appropriate, tenant councils) adequate opportunity to review and comment upon the pet rules before they are issued for effect. PHAs are solely responsible for the content of final pet rules, but must give consideration to tenant comments. PHAs shall send to the responsible HUD field office, copies of the final (or amended) pet rules, as well as summaries or copies of all tenant comments received in the course of the tenant consultation.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FAMOUS
DAVE'S AMERICA, INC. AND SUBSIDIARIES CONDENSED CONSOLIDATED FINANCIAL
STATEMENTS FOR THE NINE MONTHS ENDED OCTOBER 3, 1999 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH (B) 10-QSB.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JAN-02-2000
<PERIOD-START>                             JAN-04-1999
<PERIOD-END>                               OCT-03-1999
<CASH>                                         937,000
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                  1,156,000
<CURRENT-ASSETS>                             3,045,000
<PP&E>                                      45,125,000
<DEPRECIATION>                               5,877,000
<TOTAL-ASSETS>                              42,594,000
<CURRENT-LIABILITIES>                        4,798,000
<BONDS>                                      5,188,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    42,816,000
<OTHER-SE>                                (10,208,000)
<TOTAL-LIABILITY-AND-EQUITY>                42,594,000
<SALES>                                     35,712,000
<TOTAL-REVENUES>                            35,712,000
<CGS>                                       12,067,000
<TOTAL-COSTS>                               35,970,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           (214,000)
<INCOME-PRETAX>                              (472,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (472,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (472,000)
<EPS-BASIC>                                      (.05)
<EPS-DILUTED>                                    (.05)


</TABLE>
Order entered September 18 , 2015

In The 

## Court of Appeals **Fifth District of Texas at Dallas**
No. 05
- 15
- 00985
- CR RANDY LOPEZ MILLS, Appellant
V. THE STATE OF TEXAS, Appellee On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F
- 1422077
- S 

### O RDER Before Justices Lang

- Miers, Brown, and Schenck Based on the Court’s opinion of this date, we DIRECT the Clerk of the Court to issue the mandate in this appeal INSTANTER

.
/s/ DAVID J. SCHENCK JUSTICE
§ 245.320 Request for increase. Upon expiration of the period for tenant comments required in the notice format in § 245.310 and after review of the comments submitted to the mortgagor, the mortgagor must submit to the local HUD office, in addition to the materials enumerated in § 245.315 and any revisions thereto, the request for an increase in the maximum permissible rents, together with the following: ( a ) Copies of all written comments submitted by the tenants to the mortgagor;
( b ) The mortgagor's evaluation of the tenants' comments with respect to the request;
( c ) A certification by the mortgagor that: ( 1 ) It has complied with all of the requirements of this subpart;
( 2 ) The copies of the materials submitted in support of the proposed increase were located in a place reasonably convenient to tenants in the project during normal business hours and that requests by tenants to inspect the materials, as provided for in the notice, were honored;
( 3 ) All comments received from tenants were considered by the mortgagor in making its evaluation; and
( 4 ) Under the penalties and provisions of title 18 U.S.C., section 1001, the statements contained in this request and its attachments have been examined by me and, to the best of my knowledge and belief, are true, correct, and complete.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,151

EX PARTE IRINEO RANGEL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W04-51635-Q IN THE 204TH DISTRICT COURT

FROM DALLAS COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of intoxication

assault and sentenced to ten (10) years’ imprisonment. The Fifth Court of Appeals dismissed his

appeal because the notice of appeal was untimely filed. See Rangel v. State, No. 05-07-00994-CR

(Tex. App.– Dallas, 2007, no pet.) (not designated for publication). 

Applicant contends that his counsel rendered ineffective assistance because he failed to

timely file a notice of appeal. We remanded this application to the trial court for findings of fact and
2

conclusions of law.

The trial court has determined that trial counsel failed to timely file a notice of appeal. We

find, therefore, that Applicant is entitled to the opportunity to file an out-of-time appeal of the

judgment of conviction in Cause No. F04-51635-Q from the 204th Judicial District Court of Dallas

County. Applicant is ordered returned to that time at which he may give a written notice of appeal

so that he may then, with the aid of counsel, obtain a meaningful appeal. All time limits shall be

calculated as if the sentence had been imposed on the date on which themandate of this Court issues.

We hold that, should Applicant desire to prosecute an appeal, he must take affirmative steps to file

a written notice of appeal in the trial court within 30 days after the mandate of this Court issues.

Delivered: May 6, 2009

Do Not Publish
### §§842 to 844. Repealed. June 17, 1957, Pub. L. 85–56, title XXII, §2202(1), 71 Stat. 162

Section 842, R.S. §4785; acts July 4, 1884, ch. 181, §3, 23 Stat. 99; July 3, 1930, ch. 863, §2, 46 Stat. 1016, related to compensation of agent or attorney for services in prosecuting claim for bounty land.

Section 843, R.S. §5485, related to punishment of agents or attorneys who contract for, demand, or receive greater compensation than $25 provided for in section 842 of this title.

Section 844, R.S. §4786; acts July 4, 1884, ch. 181, §4, 23 Stat. 99; July 3, 1930, ch. 863, §2, 46 Stat. 1016, related to filing of fee agreement and limitation on fee of agent or attorney concerning bounty land claim.

Sections 842, 843 and 844 were based on provisions of R.S. §§4785, 5485, and 4786, respectively, which related to bounty lands. Provisions of R.S. §§4785, 5485, and 4786 which related to pensions were previously classified to sections 111, 112 and 114 of former Title 38, Pensions, Bonuses, and Veterans' Relief, and were repealed by Pub. L. 85–56, title XXII, §2202(1), June 17, 1957, 71 Stat. 162.
#### § 3285.3 Alterations during initial installation.

Additions, modifications, or replacement or removal of any equipment that affects the installation of the home made by the manufacturer, retailer, or installer prior to completion of the installation by an installer must equal or exceed the protections and requirements of these Model Installation Standards, the MHCSS (24 CFR part 3280) and the Manufactured Home Procedural and Enforcement Regulations (24 CFR part 3282). An alteration, as defined in § 3282.7 of this chapter, must not affect the ability of the basic manufactured home to comply with the MHCSS, and the alteration must not impose additional loads to the manufactured home or its foundation, unless the alteration is included in the manufacturer's DAPIA-approved designs and installation instructions, or is designed by a registered professional engineer or architect consistent with the manufacturer's design and that conforms to the requirements of the MHCSS.
---

Exhibit 4.mmm

February 3, 2010 Mr. Gordon Cummings
Chief Executive Officer
Kimber Resources Inc.
800 West Pender Street
Suite 215
Vancouver, British Columbia
Canada, V6C 2V6 Re:
     Engagement Letter
  Gentlemen: Reference is made hereby to that certain Engagement Agreement (the Engagement Agreement) dated December 7, 2009 by and among Kimber Resources Inc. and Scarsdale Equities LLC("Scarsdale"). 1. Section 5(b) of the Engagement Agreement is hereby amended to read in its entirety as follows: 5(b) With respect to the expenses set forth in Section 3, upon termination of the Offering Engagement Period, Scarsdale shall be entitled to collect its actual out-of-pocket expenses accrued through the date of termination, not to exceed $30,000. 2. Section 5(d) of the Engagement Agreement is hereby removed in its entirety. Very truly yours, SCARSDALE EQUITIES LLC By:
     /s/ Wade BlackWade BlackChief OperatingOfficer


---

Kimber Resources, Inc.
February 3, 2010
Page 2
Confirmed and accepted as of
this 3rd day of February, 2010:KIMBER RESOURCES, INC. By:
     /s/ GordonCummingsGordon CummingsChief Executive Officer


---