alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Converted by EDGARwiz


EXHIBIT 10.9




CONFIDENTIAL – Redacted. Confidential Treatment of redacted portions requested of the Securities and Exchange Commission.







AMENDMENT TO

ASSET PURCHASE AGREEMENT

THIS AMENDMENT is made as of December 31, 2008 to the Asset Purchase Agreement dated December 22, 2008 (the "Agreement"), by and among Greentree Capital Management, L.L.C. ("Seller"), Peter J. Gaess ("Principal"), T.C. Lewis (for the purposes of Section 3.02 only) ("Lewis") and The Canandaigua National Bank and Trust Company ("Buyer").

The parties hereto agree that Schedule 1.04 as originally attached to the Agreement shall be deleted and replaced to read in its entirety as follows:

Schedule 1.04 

Illustration of Adjusted Purchase Price Calculation

[*]



















IN WITNESS WHEREOF, the parties hereunto have duly executed this Amendment on December 31, 2008.

BUYER:

THE CANANDAIGUA NATIONAL BANK

AND TRUST COMPANY

By: /s/ George W. Hamlin, IV

      George W. Hamlin, IV 

      President and CEO

SELLER:

GREENTREE CAPITAL MANAGEMENT, L.L.C.




By: /s/ Peter J. Gaess

      Peter J. Gaess

      Principal

PRINCIPAL:

/s/ Peter J. Gaess

Peter J. Gaess















2
2930.201-5 Waiver.       (a) The HCA is authorized to waive CAS requirements as provided in FAR 30.201-5.          (b) Requests for waivers under paragraph (a) of this subsection must be prepared by the contracting officer as prescribed in FAR 30.201-5(e) and submitted to the HCA.    **Parent topic:** Subpart 2930.2 - CAS Program Requirements
EX-33 (g)
PHH Mortgage
(logo) PHH
3000 Leadenhall Road
Mt. Laurel, NJ 08054

REPORT ON ASSESSMENT OF COMPLIANCE WITH REGULATION AB
SERVICING CRITERIA

PHH Mortgage Corporation (the "Asserting Party") is responsible for assessing
compliance as of December 31, 2006 and for the period from January 1, 2006
through December 31, 2006 (the "Reporting Perod"), with the servicing
criteria set forth in Section 229.1122(d) of the Code of Federal Regulations
(the "CFR"), except for criteria set forth in Section 229.1122(d)(3)(i)(c),
(d)(4)(ii), (d)(4)(xv) and (d)(1)(iii) of the CFR, which the Asserting Party has
concluded are not applicable to the servicing activities it performs with
respect to the transactions covered by this report (the "Applicable Servicing
Criteria"). The criteria set forth in Section 229.1122 (d)(4)(vii) and
(d)(4)(xi) of the CFR are performed by outsource providers on behalf of the
Asserting Party; however, the Asserting Party has monitored the outsourcing of
these criteria and assumes responsibility for compliance. The transactions
covered by this report include all non-agency loan sale agreements executed
after January 1, 2006 as well as all re-securitization transactions after
January 1, 2006 for which the Asserting Party served as servicer (the
"Platform").

The Asserting Party has assessed its compliance with the Servicing Criteria as
of December 31, 2006 and for the Reporting Period and has concluded that
the Asserting Party has complied, in all material respects, with the
Servicing Criteria with respect to the Platform taken as a whole except for as
discussed below:

Standard                Description
1122(d)(1)(i)   The Asserting Party has not instituted policies and procedures
                to specifically monitor performance or other triggers or
                events of default stated in the transaction agreements
1122(d)(1)(iv)  During the months of July, August, and September, the Company's
                minimum coverage requirement exceeded its $160 million fidelity
                bond by amounts ranging up to approximately $1.3 million.
                Effective September 27, 2006, the Company's fidelity bond was
                increased to $170 million.
1122(d)(3)(i)(A)The Asserting Party did not maintain or provide one of the
                required monthly reports stated in the transaction agreements
                during the year
1122(d)(3)(i)(D)The Asserting Party did not perform procedures to agree the
                unpaid principal balance and number of loans serviced by the
                Asserting Party with that of the investors or trustees

Deloitte & Touche, an independent registered public accounting firm, has issued
an attestation report on the assessment of compliance with the Servicing
Criteria for the Reporting Period as set forth in this assertion.

PHH Mortgage Corporation

Date: February 28, 2007

/s/ Terence W. Edwards
Terence W. Edwards
President and Chief Executive Officer

/s/ Mark Danahy
Mark Danahy
Senior Vice President and Chief Financial Officer

/s/ Martin L. Foster
Martin L. Foster
Senior Vice President - Loan Servicing
§ 15.49 Mutual releases of the debtor and the Government. ( a ) In all appropriate instances, a compromise that is accepted by NRC should be implemented by means of a mutual release. ( 1 ) The debtor is released from further non-tax liability on the compromised debt in consideration of payment in full of the compromised amount.
( 2 ) The Government and its officials, past and present, are released and discharged from any and all claims and causes of action arising from the same transaction held by the debtor.
( b ) If a mutual release is not executed when a debt is compromised, unless prohibited by law, the debtor is still deemed to have waived any and all claims and causes of action against the Government and its officials related to the transaction giving rise to the compromised debt.
[67 FR 30322, May 6, 2002]
Subpart 1833.1—Protests    **Parent topic:** PART 1833—PROTESTS, DISPUTES, AND APPEALS1833.103 Protests to the agency.       (d)(4) The provision at 1852.233–70 provides for an alternative to a protest to the United States Government Accountability Office (GAO). This alternative gives bidders or offerors the ability to protest directly to the contracting officer (CO) or to request an independent review by the Assistant Administrator for Procurement (or designee). The Agency review shall be deemed to be at the CO level when the request is silent as to the level of review desired. The Agency review shall be deemed to be at the level of the Assistant Administrator for Procurement (or designee) when the request specifies a level above the CO, even if the request does not specifically request an independent review by the Assistant Administrator for Procurement. Such reviews are separate and distinct from the Ombudsman Program described at 1815.7001.          (e) NASA shall summarily dismiss and take no further action upon any protest to the Agency if the substance of the protest is pending in judicial proceedings or the protester has filed a protest on the same acquisition with the GAO prior to receipt of an Agency protest decision.          (4) When a bidder or offeror submits an Agency protest to the CO or alternatively requests an independent review by the Assistant Administrator for Procurement, the decision of the CO or the Assistant Administrator for Procurement shall be final and is not subject to any appeal or reconsideration within NASA.1833.106-70 Solicitation provision.       The contracting officer shall insert the provision at 1852.233–70 in all solicitations.
#### § 205.280 Purpose and scope.

This subpart establishes special procedures pursuant to which refunds may be made to injured persons in order to remedy the effects of a violation of the regulations of the Department of Energy. This subpart shall be applicable to those situations in which the Department of Energy is unable to readily identify persons who are entitled to refunds specified in a Remedial Order, a Remedial Order for Immediate Compliance, an Order of Disallowance or a Consent Order, or to readily ascertain the amounts that such persons are entitled to receive.
2453.246 Quality Assurance.

Parent topic: Subpart 2453.2 - Prescription of Forms
EX-31 Rule 13a-14(d)/15d-14(d) Certification.
  I, Anthony Sfarra, certify that:
  1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of the WFRBS Commercial Mortgage Trust 2012-C10 (the “Exchange Act periodic reports”);
  2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;
  4. Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements in all material respects; and
  5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report.  Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.
  In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: CoreLogic Commercial Real Estate Services, Inc. as Vendor for Wells Fargo Bank, N.A. as Master Servicer, Midland Loan Services, Inc. a Division of PNC Bank, National Association as Special Servicer, National Tax Search, LLC as Vendor for Wells Fargo Bank, N.A. as Master Servicer, Pentalpha Surveillance LLC as Trust Advisor, Prudential Asset Resources, as Primary Servicer and Trimont Real Estate Advisors, Inc. as Trust Advisor for the Republic Plaza Companion Loan and the Concord Mills Companion Loan.
  Dated:   August 29, 2014
   /s/ Anthony Sfarra
 Signature
  President
 (senior officer in charge of securitization of the depositor)
Exhibit 23.2




CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM









We consent to the incorporation by reference in the following Registration Statements:




1.
Registration Statement (Form S-8 No. 333-147043) pertaining to the Patriot Coal Corporation 2007 Long-Term Equity Incentive Plan and the Patriot Coal Corporation Employee Stock Purchase Plan,




2.
Registration Statement (Form S-8 No. 333-157288) pertaining to the Patriot Coal Corporation 401(k) Retirement Plan, and




3.
Registration Statement (Form S-8 No. 333-178339) pertaining to the Patriot Coal Corporation 2007 Long-Term Equity Incentive Plan and the Patriot Coal Corporation Employee Stock Purchase Plan;




of our report dated February 22, 2012, except for the effects of the material weakness described in the fifth and sixth paragraphs as to which the date is May 8, 2012, on the effectiveness of internal control over financial reporting of Patriot Coal Corporation included in this Annual Report (Form 10-K/A) of Patriot Coal Corporation for the year ended December 31, 2011.




/s/ Ernst & Young LLP


St. Louis, Missouri


August 9, 2012
#### § 202.26 Procedure in the event of an adverse ruling.

If the court or other authority declines to stay the effect of the demand in response to a request made in accordance with § 202.25 pending receipt of instructions, of if the court or other authority rules that the demand must be complied with irrespective of instructions not to produce the material or disclose the information sought, the employee or former employee upon whom the demand has been made shall respectfully decline to comply with the demand. “United States ex rel Touhy v. Ragen,” 340 U.S. 462.
[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Notices]
[Page 78705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31538]


=======================================================================
-----------------------------------------------------------------------

FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD


Issuance of Exposure Drafts on Implementation Guidance on the 
Accounting for the Disposal of G-PP&E and Implementation Guidance for 
Estimating the Historical Cost of G-PP&E

AGENCY: Federal Accounting Standards Advisory Board.

ACTION: Notice.

-----------------------------------------------------------------------

    Board Action: Pursuant to 31 U.S.C. 3511(d), the Federal Advisory 
Committee Act (Pub. L. 92-463), as amended, and the FASAB Rules of 
Procedure, as amended in October, 2010, notice is hereby given that the 
Accounting and Auditing Policy Committee (AAPC) has issued two new 
Federal Financial Accounting Technical Release exposure drafts entitled 
Implementation Guidance on the Accounting for the Disposal of G-PP&E 
and Implementation Guidance for Estimating the Historical Cost of G-
PP&E.
    The Exposure Drafts are available on the FASAB home page http://www.fasab.gov/exposure.html. Copies can be obtained by contacting FASAB 
at (202) 512-7350.
    Respondents are encouraged to comment on any part of the exposure 
draft. Written comments are requested by February 11, 2011, and should 
be sent to: Wendy M. Payne, Executive Director, Federal Accounting 
Standards Advisory Board, 441 G Street, NW., Suite 6814, Mail Stop 
6K17V, Washington, DC 20548.

FOR FURTHER INFORMATION CONTACT: Wendy Payne, Executive Director, at 
(202) 512-7350.

    Authority:  Federal Advisory Committee Act, Public Law 92-463.

    Dated: December 10, 2010.
Charles Jackson,
Federal Register Liaison Officer.
[FR Doc. 2010-31538 Filed 12-15-10; 8:45 am]
BILLING CODE 1610-02-P
**AD Economic Evaluation**



### Docket No . FAA - 2012 - 0631 Directorate ID : 2011 - SW - 021 - AD Helicopter Model: Eurocopter France Model AS350B, AS350BA, AS350B1, AS350B2, AS350B3, AS350C, AS350D, AS350D1, AS355E, AS355F, AS355F1, AS35 5F2, AS355N, and AS355NP Helicopters Number of Helicopters (U.S. Operators): 733 Helicopters in the US Registry . Reason : The proposed actions are intended to prevent failure of the emergency flotation system and loss of float stability

in the event of a w ater landing. Costs : Parts per Helicopter $ 1,130 for replacing one bracket Labor per Helicopter ( 4 x $ 8 5 /work- hour for the inspection ) (1 x $85/work- hour for replacing one bracket) $ 340 per inspection cycle $85 Other (Explain) Total Cost per Helicopter $340 per inspection cycle 

### $1,215 per bracket replacement Total US Fleet Cost 

### $249,220 per inspection cycle Executive Order 12866 : Could the AD be considered a “significant regulatory action?” Yes ( ) No (  ) DOT Regulatory Policies and Procedures : Is the AD significant? Yes ( ) Explain Below No (  ) Regulatory Flexibility Act : Will the AD have a significant economic impact on a substantial number of small entities? Yes ( ) No (  ) Project Engineer : 

### Jim Grigg
Subpart 304.6 - Contract Reporting

Parent topic: PART 304 - ADMINISTRATIVE MATTERS

304.602 General.

Follow internal department procedures for reporting information to the Federal Procurement Data

System (FPDS) and for resolving technical or policy issues relating to FPDS contract reporting.

304.604 Responsibilities.

The Department of Health and Human Services (HHS) acquisition officials and staff shall report

their contract information in FPDS accurately and timely.
§ 12.204 When an application may be filed. ( a ) An application may be filed whenever the applicant has prevailed in the proceeding or in a significant and discrete substantive portion of the proceeding, but in no case later than 30 days after the date on which a decision or order disposing of the merits of the proceeding or any other complete resolution of the proceeding, such as a settlement or voluntary dismissal, becomes final and unappealable, both within the NRC and to the courts.
( b ) If after the filing of an application for an award, review or reconsideration is sought or taken of a decision as to which an applicant believes it has prevailed, proceedings for the award of fees shall be stayed pending final disposition of the underlying controversy. When the United States appeals the underlying merits of an adversary adjudication to a court, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal.
IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v ) CR. NO. 2:06cr200-WHA

)

ROSA E. RINCON )

O R D E R

For good cause, it is

ORDERED that the oral argument on the defendant’s motion for leave to file additional

motions presently set for December 7, 2006 at 1:30 p.m. be and is hereby RESET to December

1, 2006 at 9:00 a.m. in Courtroom 4B, United States Courthouse Complex, One Church Street,

Montgomery, Alabama. The Clerk is directed to provide a court reporter and an interpreter for

these proceedings. 

The Court has previously ordered that defendant Rincon be produced for the evidentiary

hearing. The United States Marshal or the persons having custody of the defendants shall

produce both defendants for these proceedings. 

Done this 29 day of November, 2006. th

 /s/Charles S. Coody 

CHARLES S. COODY

CHIEF UNITED STATES MAGISTRATE JUDGE

Case 2:06-cr-00200-WHA-CSC Document 80 Filed 11/29/2006 Page 1 of 1
Attachment 

e. Chemical Structure Diagram

[

]
#### § 1016.30 Reports.

Each permittee shall immediately report to the DOE office administering the permit any alleged or suspected violation of the Atomic Energy Act of 1954, as amended, Espionage Act, or other Federal statutes related to Restricted Data. Additionally, the permittee shall report any infractions, losses, compromises, or possible compromise of Restricted Data.

[48 FR 36432, Aug. 10, 1983. Redesignated at 82 FR 41508, Sept. 1, 2017]
Subpart 303.1 - Safeguards    **Parent topic:** PART 303 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST303.101 Standards of conduct.303.101-3 Agency regulations.       (a)(3) The HHS Standards of Conduct are prescribed in 45 CFR part 73.303.104-7 Violations or possible violations of the Procurement Integrity Act.       (a)          (1)  			The contracting officer shall submit to the head of the contracting activity (HCA) for review and concurrence the determination (along with supporting documentation) that a reported violation or possible violation of the statutory prohibitions has no impact on the pending award or selection of a contractor for award.          (2) The contracting officer shall refer the determination that a reported violation or possible violation of the statutory prohibitions has an impact on the pending award or selection of a contractor, along with all related information available, to the HCA. The HCA shall -          (i) Refer the matter immediately to the Associate Deputy Assistant Secretary - Acquisition (ADAS-A) for review, who may consult with the appropriate legal office representative and the Office of Inspector General (OIG) as appropriate; and          (ii) Determine the necessary action in accordance with FAR 3.104-7(c) and (d). The HCA shall obtain the approval or concurrence of the ADAS-A before proceeding with an action.          (b) The HCA (non-delegable) shall act with respect to actions taken under the Federal Acquisition Regulation (FAR) clause at 52.203-10, Price or Fee Adjustment for Illegal or Improper Authority.
#### § 205.154 Appeal.

There is no administrative appeal of a ruling.
UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

UNITED STATES OF AMERICA )

 )

 v. ) 1:06-cr-170-WHA 

 )

ROY DALE WALLACE )

ORDER ON MOTION

Upon consideration of the foregoing Petition for Writ of Habeas Corpus Ad Prosequendum,

construed as a motion (Doc. 188, filed October 5, 2006), and for good cause shown, the Court is of

the opinion that said motion should be and the same is hereby granted. It is, therefore, ORDERED

that the Clerk of this Court be and he is hereby DIRECTED to issue a WRIT of HABEAS CORPUS

AD PROSEQUENDUM addressed to the Coffee County Jail, New Brockton, Alabama, commanding

them to deliver the said prisoner, ROY DALE WALLACE, to any United States Marshal or Deputy

United States Marshal and directing said Marshal or Deputy to bring said prisoner, before this Court

at Montgomery, Alabama, for arraignment at 10a.m. on October 25, 2006, and to return said

prisoner, to said official when the Court has finished with him.

DONE this the 5 day of October, 2006. th

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

Case 1:06-cr-00170-WHA-CSC Document 189 Filed 10/05/2006 Page 1 of 1
First Amendment to Omnibus Incentive Plan, effective February 9, 2010



 Exhibit 10.2 
 FIRST AMENDMENT 
 TO THE PRUDENTIAL FINANCIAL, INC.

 OMNIBUS INCENTIVE PLAN 
 Pursuant to the power reserved to it in Section 11.1 of the Prudential Financial, Inc. Omnibus Incentive Plan, as amended and restated (the “Plan”), the Plan is hereby amended, effective
February 9, 2010, as follows: 
 Section 2.1(ff) of the Plan is hereby restated in its entirety as follows: 

 “Long-Term Performance Unit Award. A “Long-Term Performance Unit Award” means an Award made pursuant to Article IX of the
Plan, which are units valued either by reference to Common Stock, equity attributable to the Company, or such other property (including, but not limited to, cash) as may be determined by the Compensation Committee from time to time, the number or
value of such units which may be adjusted over a Performance Cycle based on the satisfaction of Performance Goals.”