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Exhibit 4.1  


 
 

CERTIFICATE OF INCREASE
  
    OF
  
    AUTHORIZED NUMBER OF SHARES
  
    OF
  
    SERIES E CUMULATIVE REDEEMABLE PREFERRED STOCK
  
    OF
  
    THE MILLS CORPORATION
  

Pursuant to Section 151 of the
  General Corporation Law of the State of Delaware    




        THE MILLS CORPORATION, a corporation organized and existing under the General Corporation Law of the State of Delaware (the "Corporation"), 


        DOES
HEREBY CERTIFY: 


        That
the Amended and Restated Certificate of Incorporation of the Corporation was filed in the office of the Secretary of State of Delaware on April 19, 1994, a First Amendment to
the Amended and Restated Certificate of Incorporation of the Corporation was filed in the office of the Secretary of State of Delaware on August 7, 1997 and a Certificate of the Designation,
Preferences and Rights of 8.75% Series E Cumulative Redeemable Preferred Stock, was filed in said office of the Secretary of State on May 2, 2003. 


        That
the Board of Directors of the Corporation at a meeting held on September 18, 2003 duly adopted a resolution authorizing and directing an increase in the authorized number of
shares of 8.75% Series E Cumulative Redeemable Preferred Stock of the Corporation, from 6,440,000 shares to 8,160,000 shares,
all in accordance with the provisions of Section 151 of The General Corporation Law of the State of Delaware. 



        IN
WITNESS WHEREOF, The Mills Corporation has caused this certificate to be signed by Thomas E. Frost, its Executive Vice President and Corporate Secretary, this 1st day of October,
2003. 



	
 	
 	

The Mills Corporation
	

 	
 	

By:	
 	

/s/  THOMAS E. FROST      
 Thomas E. Frost

Executive Vice President and Secretary
	

Witness	
 	

 	
 	

 
	

/s/  MARY ELLEN SERAVALLI      
 Mary Ellen Seravalli

Senior Vice President and Deputy

General Counsel	
 	

 	
 	

 











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CERTIFICATE OF INCREASE OF AUTHORIZED NUMBER OF SHARES OF SERIES E CUMULATIVE REDEEMABLE PREFERRED STOCK OF THE MILLS CORPORATION Pursuant to Section 151 of the General Corporation Law of the State of
Delaware
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of Shoe Pavilion, Inc. (the "Company") on Form 10-Q for
the period ended July 1, 2006 (the "Report"), I, Dmitry Beinus, Chairman, President and Chief Executive Officer of the
Company certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to  §906 of the Sarbanes-Oxley Act of 2002, that to the best of my
knowledge:

1. The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of
1934; and
2. The information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.

/s/Dmitry BeinusChairman, President and Chief Executive Officer
                   August 10, 2006

---
Collections Information Repository (CIR) Request Form Page 1 of 1

Collections Information Repository (CIR) Request Form

Section A – Requestor Contact Information

Organization of 

Submitter Date Submitted

Name of 

Submitter

Alternate Contact 

(AC)

Phone Number AC Phone Number

Email Address AC Email Address

Section B – Request Description

Type of Request

Indicate the type of 

request by checking the 

appropriate box.

 Agency request for new CIR reports or enhanced functionality.

 Agency request for a system-to-system interface with CIR.

For other types of requests, contact CIR Customer Support at 

US toll free 800-624-1373 (option #3) or International 216-579-2112

(option #3) or send an email to CIR.customersupport@clev.frb.org.

Description and Reason 

for Request

Describe your request 

and provide a 

justification.

If you need more space or would like to send any supporting material for this request, please send as 

a separate attachment. Email your completed CIR Request Form to CIR Customer Support at

CIR.customersupport@clev.frb.org.

For CIR Use Only Log Number Status
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                      30,981,840
<INT-BEARING-DEPOSITS>                         584,988
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 76,360,040
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                    323,049,452
<ALLOWANCE>                                (2,742,190)
<TOTAL-ASSETS>                             456,799,745
<DEPOSITS>                                 406,962,983
<SHORT-TERM>                                 1,000,000
<LIABILITIES-OTHER>                          2,765,617
<LONG-TERM>                                  2,854,181
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    35,954,979
<OTHER-SE>                                   5,261,994
<TOTAL-LIABILITIES-AND-EQUITY>             456,799,754
<INTEREST-LOAN>                              7,980,927
<INTEREST-INVEST>                            1,121,092
<INTEREST-OTHER>                                49,116
<INTEREST-TOTAL>                             9,151,135
<INTEREST-DEPOSIT>                           2,688,586
<INTEREST-EXPENSE>                             125,431
<INTEREST-INCOME-NET>                        6,337,118
<LOAN-LOSSES>                                  555,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              5,534,152
<INCOME-PRETAX>                              1,423,716
<INCOME-PRE-EXTRAORDINARY>                   1,432,716
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   933,716
<EPS-PRIMARY>                                    0.150
<EPS-DILUTED>                                    0.140
<YIELD-ACTUAL>                                    9.55
<LOANS-NON>                                  3,866,587
<LOANS-PAST>                                    73,506
<LOANS-TROUBLED>                             1,439,423
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             2,329,988
<CHARGE-OFFS>                                  157,036
<RECOVERIES>                                    14,238
<ALLOWANCE-CLOSE>                            2,742,190
<ALLOWANCE-DOMESTIC>                         2,742,190
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
Draper, et al. v. AMS, No. 03-15-00429-CV 

“A guaranty must be strictly construed and a guarantor cannot be liable for the 

modification to the guaranty made without the guarantor’s consent.”

McKnight v. Virginia Mirror Co,. Inc., 463 S.W.2d 428, 430 (Tex. 1971)

Operative Provision of the Guaranty executed by the 

“Individual Guarantors” (CR 27-30)

I, [Individual Guarantor] (hereinafter referred to as the "Guarantor") residing at [address], 

for and in consideration of your extending credit at my request to Assistant Pro, Inc., a 

Texas corporation (hereinafter referred to as the "Purchaser"), of which I am a 

shareholder, personally guarantee to you the payment of twenty five percent (25%) all 

amounts due to Austin Manufacturing Services L.P. Inc., a Texas Limited Partnership, 

under Purchase Order 1682 for the purchase of 5000 Golf Guru units (hereinafter 

"Guaranteed Portion").

I hereby agree to pay such Guaranteed Portion punctually if default in payment thereof is 

made by the Purchaser. 

Excerpts from PO 1682 (Supp. CR 5) 

“Note: to be shipped direct to customer from AMS”

Excerpts from Trial Record re “amounts due” under PO 1682 

• Ex. 70 (6RR 697-853)(showing no amounts due under PO 1682)

• Ex. 81 (AMS shows zero balance due under PO 1682)(6RR 908)

• Ex. 82 (AMS shows zero balance due under PO 1682)(6RR 909) (same as Ex 141 (6RR 424-36)

• Ex. 94 (Ex. to Orig. Pet. shows no “aging amounts due” under PO 1682)(SCR 12-16; 6RR 1045)

• Wallace (AMS’ “guy on accounting”): amounts remained due on other POs, but a “zero balance” 

remained due under PO 1682 (2RR 329)

• Scoggins (AMS’ president) (POs showing 1682 “do not appear in the aging” (2RR 150)

No AMS Exhibits/testimony show any amounts due under PO 1682 

ACCEPTED

03-15-00429-CV

12693492

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/14/2016 11:38:00 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/14/2016 11:38:00 AM JEFFREY D. KYLE Clerk
# C_2016068EN.01003701.xml

| 22.2.2016 | EN | Official Journal of the European Union | C 68/37 |
| --- | --- | --- | --- |

22.2.2016

EN

Official Journal of the European Union

C 68/37

---

Action brought on 18 December 2015 — The Art Company B & S/OHMI — Manifatture Daddato et Laurora (SHOP ART)

(Case T-735/15)

(2016/C 068/47)

Language in which the application was lodged: English

Parties

Parties

Applicant: The Art Company B & S, SA (Quel, Spain) (represented by: L. Sánchez Calderón and J. Villamor Muguerza, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Defendant:

Other party to the proceedings before the Board of Appeal: Manifatture Daddato SpA (Barletta, Italy), Sabina Laurora (Trani, Italy)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Applicant of the trade mark at issue:

Trade mark at issue: Figurative mark containing the word elements ‘SHOP ART’ — Application for registration No 12 030 921

Trade mark at issue:

Procedure before OHIM: Opposition proceedings

Procedure before OHIM

Contested decision: Decision of the First Board of Appeal of OHIM of 8 October 2015 in Case R 3050/2014-1

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision. |
| --- | --- |

—

annul the contested decision.

Plea in law

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation No 207/2009.

---
No. 61743.

#### International Expediters, Inc., et al. *v.*United States,

protests 307311-K, etc. (New York).

Opinion by

Mollison, J.

The protests were dismissed for lack of prosecution.
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Dismissed a nd Opinion Filed November 9 , 2016 .

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 16
- 00089
- CV DELINDA BREWSTER , Appellant

V. AMERICAN HOMES 4 REN T PROPERTIES TWO, LLC , Appellee

On Appeal from the County Court at Law No. 4

Dallas County, Texas Trial Court Cause No. CC
- 16
- 00021
- D 

### MEMORANDUM OPINION Before Justices Lang, Myers, and Evans Opinion by Justice Myers Appellant’s brief in this case is overdue

. After appellant failed to respond to our letter regarding the reporter’s record, we ordered this appeal submitted without a reporter’s record and appellant’s brief to be filed by August 28, 2016. By postcard dated August 30, 2016, we notified appellant the time for filing her brief had expired. We directed appellant to file both her brief and an extension motion within ten days . We cautioned appellant that failure to comply would result in dismissal of this appeal without further notice. To date, appe llant has not filed her brief, requested an extension of time to file her brief, or otherwise corresponded with the Court regarding the status of this appeal. Accordingly, we dismiss this appeal. See T EX

. R. A PP

. P. 38.8(a)(1); 42.3(b) , (c).

160089F.P05 /Lana Myers/ LANA MYERS JUSTICE– 2

– 

## Court of Appeals Fifth District of Texas at Dallas

JUDGMENT
DELINDA BREWSTER, Appellant
No. 05

- 16

- 00089

- CV V.
AMERICAN HOMES 4 RENT PROPERTIES TWO, LLC, Appellee On Appeal from the County Court at Law No. 4, Dallas County, Texas Trial Court Cause No. CC

- 16

- 00021

- D. Opinion delivered by Justice Myers. Justices Lang and Evans participating.
In accordance with this Court’s opinion of this date, this appeal is DISMISSED

. Judgment entered this 9th day of November, 2016.
November 17, 1959

No. 63533.

protests 320718-K, etc.

#### Pan American Standard Brands, Inc., et al. *v.*United States,

C.D. 2115. Motion of Government for rehearing denied.
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6779

UNITED STATES OF AMERICA, Plaintiff – Appellee,

v. SHAUN EUGENE REED, Defendant – Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:06-cv-00101-JPB-JES; 3:05-cr-00003- JPB-1)

Submitted: January 30, 2009 Decided: February 10, 2009

Before MICHAEL, SHEDD, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kevin David Mills, Martinsburg, West Virginia, for Appellant. Paul Thomas Camilletti, Assistant United States Attorney, Martinsburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Shaun Eugene Reed seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C.A. § 2255 (West 2000 & Supp. 2008) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district

court is likewise debatable. Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000);

Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Reed has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Exhibit 23



            CONSENT OF INDEPENDENT REGISTERERD PUBLIC ACCOUNTING FIRM



The Board of Directors
GrandSouth Bancorporation

We consent to the  incorporation by reference to the  Registration  Statement of
GrandSouth  Bancorporation on Form S-8 relating to the GrandSouth Bancorporation
1998 Stock Option Plan (File no.  333-129580),  of our report dated February 10,
2006, relating to the consolidated  balance sheets of GrandSouth  Bancorporation
and Subsidiary as of December 31, 2005, and the related consolidated  statements
of income,  shareholders'  equity and comprehensive  income,  and cash flows for
each of the years in the three-year period ended December 31, 2005, which report
appears in the  December  31,  2005 Annual  Report on Form 10-KSB of  GrandSouth
Bancorporation.


                                     s/ Elliott Davis, LLC

Greenville, South Carolina
March 17, 2006
No. 64748.

#### Geo. Joannou Cycle Co., Inc. *v.*United States,

protest 59/20657 (New York).

Opinion by

Lawrence, J.

An examination of the official papers substantiating the allegation and following Abstract 54925, the protest was dismissed.
Docket Number: FAA-2012-0191

 Contacts. With whom outside the FAA has this proposal been discussed?

Organization Person Contacted Date Response 

National Business Aircraft Association Eli Cotti 2/16/12

Regional Airline Association 2/16/12

Aircraft Owners & Pilots Association Robert Hackman 2/16/12

Airlines for America Joe White 2/16/12
---

EXHIBIT 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER 18 U.S.C.
SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

I, Melanie Farrand, the Financial Officer of Shoshone Silver
Mining Company (the Company), hereby certify pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
to the best of my knowledge:

| | (i)  | the Annual Report on Form 10-KSB of the Company, for the
      fiscal year ended December 31, 2006, and to which this certification is
      attached as Exhibit 32.2 (the Report) fully complies with the
      requirements of Section 13(a) oar 15(d) of the Securities Exchange Act of
      1934, as amended; and
| | ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                                                         
| | (ii) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                                                                        



| | By:    | /s/ Melanie Farrand                            
| | ------ | -----------------------------------------------
| |        |                                                
| | Name:  | Melanie Farrand                                
| | Title: | Treasurer and Principal Financial
      Officer
| | Date:  | February 1, 2008                               



A signed original of this written statement required by
Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company
and will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.

This certification accompanies the Form 10-KSB to which it
relates, is not deemed filed with the Securities and Exchange Commission and is
not to be incorporated by reference into any filing of the Company under the
Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
before or after the date of the Form 10-KSB), irrespective of any general
incorporation language contained in such filing.

---
Before the Third Division,

June 19, 1943

No. 48411.

#### Petition 5531-R of Union Brokerage Co., Inc. (Pembina).

Opinion by

Cline, J.

On the rehearing of this petition several witnesses were called by the respondent and while the question of whether the amendment to the entry should have been allowed by the collector is not before the court in this petition, the court was of the opinion that the attempt to amend was persuasive of the good faith of the entrant, and that certainly a customs broker would not wilfully make entry of merchandise at 18.4 cents per ton when it was worth $7.65 per ton. In making the entry in this case, therefore, it was found that the petitioner acted without intention to misrepresent the facts, to defraud the revenue of the United States, or to deceive the appraiser as to the value of the goods. The petition was therefore granted.
No. 49539.

#### Protest 108938-K of New York Merchandise Co., Inc. (New York).

Opinion by

Walker, J.

It was stipulated that the merchandise consists of novelty brushes, clothes and hat brushes, similar to those involved in Abstract 34593 and *United States*v. *Heinrich Herrmann & Weiss*(26 C. C. P. A. 292, C. A. D. 30). In view of said stipulation the claim at 50 percent under paragraph 7506 was sustained to this extent.