alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

ANTONIO FIDDEMON

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 19

- 1212

[ June 27, 2019 ]

Appeal of order denying rule 3.850 motion from the Circuit Court for

the Seventeenth Judicial Circuit, Broward County ; Andrew L. Siegel

, Judge; L.T. Case No. 03

- 19551 CF10A

.

Antonio Fiddemon, Florida City, pro se.

No appearance filed for appellee.

P ER C URIAM

.

Affirmed.

G ERBER

, C.J., G ROSS and F ORST

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit 12.1

CERTIFICATION OF THE PRINCIPAL EXECUTIVE OFFICER
------------------------------------------------

I, Evangelos J. Pistiolis, certify that:

1. I have reviewed this annual report on Form 20-F of TOP Tankers Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the Company as of,
and for, the periods presented in this report;

4. The Company's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company and have:

     a)   designed such disclosure controls and procedures, or caused such
          disclosure controls and procedures to be designed under our
          supervision, to ensure that material information relating to the
          Company, including its consolidated subsidiaries, is made known to us
          by others within those entities, particularly during the period in
          which this report is being prepared;

     b)   evaluated the effectiveness of the Company's disclosure controls and
          procedures and presented in this report our conclusions about the
          effectiveness of the disclosure controls and procedures, as of the end
          of the period covered by this report based on such evaluation; and

     c)   disclosed in this report any change in the Company's internal control
          over financial reporting that occurred during the period covered by
          this annual report that has materially affected or is reasonably
          likely to materially affect, the Company's internal control over
          financial reporting.

5. The Company's other certifying officers and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
Company's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent function):

     a)   all significant deficiencies and material weaknesses in the design or
          operation of internal control over financial reporting which are
          reasonably likely to adversely affect the Company's ability to record,
          process, summarize and report financial information; and

     b)   any fraud, whether or not material, that involves management or other
          employees who have a significant role in the Company's internal
          control over financial reporting.

Date: April 20, 2007


/s/ Evangelos J. Pistiolis
--------------------------
Evangelos J. Pistiolis
Chief Executive Officer
| Exhibit 99.1 **PAYNE FALKNER SMITH & JONES, P.C.**Certified Public Accountants **Report of Independent Auditors on Compliance with Requirements of the Uniform****Single Attestation Program for Mortgage Bankers******Board of Directors and Stockholder of Colonial Savings, F.A. We have examined management's assertion about Colonial Savings, F.A. ("Colonial") compliance with the minimum servicing standards identified in the Mortgage Bankers Association of America's Uniform Single Attestation Program for Mortgage Bankers ("USAP") as of and for the year ended September 30, 2004, included in the accompanying management's assertion about Colonial's compliance based on our examination. Our examination was made in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about Colonial's compliance with the minimum servicing standards and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on Colonial's compliance with the minimum servicing standards. In our opinion, management's assertion that Colonial complied with the aforementioned minimum servicing standards as of and for the year ended September 30, 2004, is fairly stated, in all material respects. ***Payne Falkner Smith & Jones, P.C.*November 10, 2004 10711 Preston Road * Suite 110 * Dallas, TX 75230 * 972 / 404-1226 * Fax 214 / 363-9980** |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
§ 880.611 Conditions for receipt of vacancy payments. ( a ) *General.* Vacancy payments under the Contract will not be made unless the conditions for receipt of these housing assistance payments set forth in this section are fulfilled.
( b ) *Vacancies during Rent-up.* For each assisted unit that is not leased as of the effective date of the Contract, the owner is entitled to vacancy payments in the amount of 80 percent of the contract rent for the first 60 days of vacancy if the owner: ( 1 ) Conducted marketing in accordance with § 880.601(a) and otherwise complied with § 880.601;
( 2 ) Has taken and continues to take all feasible actions to fill the vacancy; and
( 3 ) Has not rejected any eligible applicant except for good cause acceptable to the contract administrator.
( c ) *Vacancies after Rent-Up.* If an eligible family vacates a unit, the owner is entitled to vacancy payments in the amount of 80 percent of the contract rent for the first 60 days of vacancy if the owner: ( 1 ) Certifies that he did not cause the vacancy by violating the lease, the Contract or any applicable law;
( 2 ) Notified the contract administrator of the vacancy or prospective vacancy and the reasons for the vacancy immediately upon learning of the vacancy or prospective vacancy;
( 3 ) Has fulfilled and continues to fulfill the requirements specified in § 880.601(a) (2) and (3) and paragraph (b) (2) and (3) of this section; and
( 4 ) For any vacancy resulting from the owner's eviction of an eligible family, certifies that he has complied with § 880.607.
( d ) *Vacancies for longer than 60 days.* If an assisted unit continues to be vacant after the 60-day period specified in paragraph (b) or (c) of this section, the owner may apply to receive additional vacancy payments in an amount equal to the principal and interest payments required to amortize that portion of the debt service attributable to the vacant unit for up to 12 additional months for the unit if: ( 1 ) The unit was in decent, safe and sanitary condition during the vacancy period for which payments are claimed;
( 2 ) The owner has fulfilled and continues to fulfill the requirements specified in paragraph (b) or (c) of this section, as appropriate; and
( 3 ) The owner has (for 24 CFR part 883 projects, the owner and the Agency have) demonstrated to the satisfaction of HUD that: ( i ) For the period of vacancy, the project is not providing the owner with revenues at least equal to project expenses (exclusive of depreciation), and the amount of payments requested is not more than the portion of the deficiency attributable to the vacant unit, and
( ii ) The project can achieve financial soundness within a reasonable time.
( e ) *Prohibition of double compensation for vacancies.* The owner is not entitled to vacancy payments for vacant units to the extent he can collect for the vacancy from other sources (such as security deposits, payments under § 880.608(f), and governmental payments under other programs).
[44 FR 59410, Oct. 15, 1979, as amended at 61 FR 13591, Mar. 27, 1996]
Exhibit 31.2

Chief Financial Officer Certification of the Type Described in Rule 13a-14(a) and Rule 15d-14(a)

Chief Financial Officer Certification of the Annual Financial Statements

I, James B. Hirshorn, certify that:

1.     I
have reviewed this annual report on Form 10-K of Sealy Mattress Corporation;

2.     Based
on my knowledge, this annual report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made,
in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this annual report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this annual report, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this annual report;

4.     The
registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)):



5.     The
registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



Date:
February 27, 2006

| |  | /s/JAMES B. HIRSHORN                                                                                                       
| |  | ---------------------------------------------------------------------------------------------------------------------------
| |  | James B. Hirshorn
Senior Executive Vice President Finance, Operations,
Research & Development
(Principal Financial Officer)

---



QuickLinks
### **CHAPTER 12—BROADBAND**

Sec.
1301.
Findings.
1302.
Advanced telecommunications incentives.
1303.
Improving Federal data on broadband.
1304.
Encouraging State initiatives to improve broadband.
1305.
Broadband Technology Opportunities Program.
1306.
Connecting minority communities.
1307.
Office of Internet Connectivity and Growth.
1308.
Interagency agreement.
#### § 206.140 Inspection and preservation of properties.

The mortgagee, upon learning that a property subject to a mortgage insured under this part is vacant or abandoned, shall be responsible for the inspection of such property at least monthly, if the loan is in a due and payable status. When a mortgage is in due and payable status and efforts to reach the borrower or applicable party by telephone within that period have been unsuccessful, the mortgagee shall be responsible for a visual inspection of the security property to determine whether the property is vacant. The mortgagee shall take reasonable action to protect and preserve such security property when it is determined or should have been determined to be vacant or abandoned until assigned to the Commissioner or an application for insurance benefits is filed, if such action does not constitute an illegal trespass. “Reasonable action” includes the commencement of foreclosure within the time required by § 206.125.
### §7307. Able seamen—unlimited

The required service for the endorsement of able seaman—unlimited, qualified for unlimited service on a vessel on any waters, is at least 3 years' 1 service on deck on board vessels operating at sea or on the Great Lakes.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 543.)

| Revised section | Source section (U.S. Code) |
| --- | --- |
| 7307 | 46:672(b)(1) |

Section 7307 requires individuals to have at least 3 years service on deck on vessels operating at sea or on the Great Lakes before their merchant mariner's documents can be endorsed as able seamen—unlimited.

#### **Statutory Notes and Related Subsidiaries**

#### Temporary Reduction of Lengths of Certain Periods of Service

Pub. L. 118–31, div. C, title XXXV, §3534(j), Dec. 22, 2023, 137 Stat. 833, provided that: "For the 3-year period beginning on the date of enactment of this Act [Dec. 22, 2023]—

"(1) section 7307 of title 46, United States Code, shall be applied by substituting '18 months' for '3 years';

"(2) section 7308 of such title shall be applied by substituting '12 months' for '18 months'; and

"(3) section 7309 of such title shall be applied by substituting '6 months' for '12 months'."

#### Acceptance of Certain Services Toward Endorsement as Able Seaman

Service used to qualify for endorsement as able seaman—fishing industry to be accepted as qualifying service toward an endorsement under this section, see section 602(e)(3) of Pub. L. 101–595, set out as a note under section 7306 of this title.

1 See Temporary Reduction of Lengths of Certain Periods of Service note below.
§ 906.13 Right of first refusal. ( a ) In selling a public housing unit under a homeownership program, the PHA or PRE must initially offer the unit to the resident occupying the unit, if any, notwithstanding the requirements of §§ 906.15(a) and 906.15(c).
( b ) This program does not require the PHA, when selling a unit that is a non-public housing unit, to offer the unit for sale first to the current resident of the unit.
### §53108. Regulatory relief

(a) Operation in Foreign Commerce.—A contractor for a vessel included in an operating agreement under this chapter may operate the vessel in the foreign commerce of the United States without restriction.

(b) Other Restrictions.—The restrictions of section 55305(a) of this title concerning the building, rebuilding, or documentation of a vessel in a foreign country shall not apply to a vessel for any day the operator of that vessel is receiving payments for operation of that vessel under an operating agreement under this chapter.

(c) Telecommunications Equipment.—The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under an operating agreement under this chapter shall be deemed to satisfy all Federal Communications Commission equipment certification requirements, if—

(1) such equipment complies with all applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the United States;

(2) that country has not been identified by the Secretary as inadequately enforcing international regulations as to that vessel; and

(3) at the end of its useful life, such equipment will be replaced with equipment that meets Federal Communications Commission equipment certification standards.

(Added Pub. L. 108–136, div. C, title XXXV, §3531(a), Nov. 24, 2003, 117 Stat. 1816; amended Pub. L. 109–304, §13(a)(7), Oct. 6, 2006, 120 Stat. 1701.)

#### **Editorial Notes**

#### Amendments

2006—Subsec. (b). Pub. L. 109–304 substituted "section 55305(a) of this title" for "section 901(b)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b)(1))".
§ 266.644 Application for final claim settlement. The HFA shall file an application for final settlement in accordance with the Commissioner's administrative procedures not later than 30 calendar days after any of the following: ( a ) Sale of the property after foreclosure or after acquisition by deed-in-lieu of foreclosure; or
( b ) Expiration of the term of the HFA debenture.
[59 FR 62524, Dec. 5, 1994, as amended at 85 FR 83445, Dec. 22, 2020]
### §1123. Binding materials; bookbinding for libraries

Binding for the departments of the Government shall be done in plain sheep or cloth, except that record and account books may be bound in Russia leather, sheep fleshers, and skivers, when authorized by the head of a department. The libraries of the several departments, the Library of Congress, the libraries of the Surgeon General's Office, and the Naval Observatory may have books for the exclusive use of these libraries bound in half Turkey, or material no more expensive.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1264; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(b)(24)], Nov. 29, 1999, 113 Stat. 1536, 1501A–585.)

#### Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §116 (Jan. 12, 1895, ch. 23, §86, 28 Stat. 622).

This section incorporates all but the first sentence of former section 116. The balance will be found in section 501 of the revision.

#### **Editorial Notes**

#### Amendments

1999—Pub. L. 106–113 struck out "the Patent Office," after "the Surgeon General's Office,".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.
**UNITED      STATES**

**SECURITIES      AND EXCHANGE COMMISSION**

**Washington,      D.C. 20549**

**FORM      8-K**

**CURRENT      REPORT**

**Pursuant      to Section 13 or 15(d) of the Securities Exchange Act of      1934**

**Date      of Report (Date of earliest event reported): August 29,      2006**

**NAVISTAR      INTERNATIONAL CORPORATION**

| Delaware                                                                                    |   | 1-9618                               |   | 36-3359573                                                        |
|---------------------------------------------------------------------------------------------|--------|--------------------------------------|--------|-------------------------------------------------------------------|
|                                                                                             |   |                                      |   |                                                                   |
| (State                or other jurisdiction ofincorporation                or organization) |   | (Commission                File No.) |   | (I.R.S.                EmployerIdentification                No.) |

| 4201                Winfield Road, P.O. Box 1488, Warrenville, Illinois |   | 60555                     |
|-------------------------------------------------------------------------|--------|---------------------------|
|                                                                         |   |                           |
| (Address                of principal executive offices)                 |   | (Zip                Code) |

----

**ITEM      **
**1.01**
**ENTRY      INTO A MATERIAL DEFINITIVE AGREEMENT**

**ITEM      5.02**
**DEPARTURE      OF DIRECTORS OR PRINCIPAL OFFICERS; ELECTION OF DIRECTORS; APPOINTMENT OF      PRINCIPAL OFFICERS**

----

| Date:                September 5, 2006 | /s/                William A. Caton                                   |
|----------------------------------------|-----------------------------------------------------------------------|
|                                   |                                                                       |
|                                   | William                A. CatonChief                Financial Officer |
§ 241.830 Definition of default. ( a ) If the borrower fails to make any payments due under or provided to be paid by the terms of the note or security instrument, the note shall be considered in default for the purposes of this subpart.
( b ) The failure to perform any other covenant under the note or security instrument shall be considered a default: *Provided,* The lender, because of such default, has exercised its rights under the note or security instrument and accelerated the debt.
( c ) The failure to make any payment or to perform any covenant under the first conventional note and mortgage by reason of which the holder thereof declares a default as evidenced by formal written declaration of said default to the Commissioner and the lender by the holder of the first note and mortgage, shall be considered a default under the insured loan.
( d ) If such defaults as defined in paragraphs (a), (b), and (c) of this section continue for a period of 30 days, the lender shall be entitled to receive the benefits of insurance hereinafter provided.
#### § 891.760 Overcrowded and underoccupied units.

The requirements for overcrowded and underoccupied units are provided in § 891.620.
#### § 905.104 HUD approvals.

All HUD approvals required in this part must be in writing and from an official designated to grant such approval.