alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.49






ALLONGE TO SECURITY DEED NOTE

(Bell Minor)




This Allonge to Security Deed Note (“Allonge”) is made as of this 10th day of
January, 2012, by and G&E HC REIT II Gainesville SNF, LLC, a Delaware limited liability company
(“Borrower”) to Capital Funding, LLC (“Lender”).



WHEREAS, San Alejandro Associates, L.P., a Georgia limited partnership (“Original Borrower”)
signed a Security Deed Note dated July 1, 2010 (the “Note”) in the original principal amount of
$7,254,700.00; and



WHEREAS, pursuant to an Assumption, Modification and Release Agreement dated of even date
herewith (the “Assumption Agreement”), Borrower has assumed the Note from the Original Borrower and
the Borrower desires to enter into this Allonge to reflect such assumption.



NOW, THEREFORE, for good and valuable consideration and intending to be legally bound hereby,
the parties hereto agree as follows:



(1) The said Note is hereby amended to substitute the Borrower for the Original Borrower under
the Note. Said Borrower shall assume all liability under the Note arising as of the date hereof
and the Original Borrower shall be released from liability under the Note as provided in the
Assumption Agreement.



(2) Except as expressly amended hereby, the Note shall remain unchanged and in full force and
effect.



[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]







1






IN WITNESS WHEREOF, this Allonge to Security Deed Note is made as of the day and year first
written above.




G&E HC REIT II Gainesville SNF, LLC, a Delaware
limited liability company




By: /s/ Danny Prosky

Name: Danny Prosky

Title: Authorized Signatory





2
#### Shirley McCOY, Plaintiff in Error, v. The BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ROGERS, State of Oklahoma, et al., Defendants in Error.

No. 36387.

Supreme Court of Oklahoma.

June 14, 1955.

Rehearing Denied July 5, 1955.

*441William E. Hammett, Claremore, for plaintiff in error.

Dennis Bushyhead, Claremore, for defendants in error.

JACKSON, Justice.

On October 12, 19S3, Shirley McCoy hrought an action in mandamus in the District Court of Rogers county to require the ■County Commissioners and Excise Board members of Rogers county to transfer from the general funds of the county to the •salary fund a sufficient amount of money ■so that plaintiff might have the benefit of the salary increase provided by the legislature in 1953, 19 O.S.1951 §§ 179.1 through 179.12, as enacted by the Legislature in 1953.

It was stipulated that there was a sufficient amount of money on hand in the ■general fund for that purpose; that plaintiff had been appointed as first deputy to the County Superintendent of Schools of said county and was serving in that capacity; and that plaintiff at the time of the trial did not possess an administrator’s certificate as set forth in 70 O.S.1951 § 3-1, and was not qualified to obtain such a certificate.

The trial court found that plaintiff was •qualified as a second deputy to the County Superintendent of Schools but was not ■qualified to hold the office of first deputy since she was not qualified to hold an administrator’s certificate. By its judgment the trial court ordered the defendants to transfer to the salary fund and pay to the plaintiff a sufficient amount of money to compensate her under the 1953 salary bill as second deputy to the County Superintendent for the fiscal year beginning July 1, 1953, and ending on June 30, 1954, but refused to require a transfer of additional funds to ’ compensate the plaintiff as first deputy to the County ■ Superintendent. From this judgment the plaintiff appeals.

This appeal was filed in this court- on March 8, 1954, and plaintiff’s brief was filed in this court on October 4, 1954.

 It will be seen that the fiscal year 1953-1954 ended on June 30, 1954, and prior to the filing of plaintiff’s brief on October 4, 1954. To issue a-writ of mandamus in this case to transfer funds after the end of the fiscal year would create disorder and confusion. This court has repeatedly held where the issuance of a writ would disturb official action, or create disorder or confusion, mandamus will not be awarded even where the legal right is clear. See Herndon v. Excise Board of Garfield County, 147 Okl. 126, 295. P. 223, and cases cited therein.

Appeal dismissed.

JOHNSON, C. J., WILLIAMS, V. C. J., and WELCH, CORN, ARNOLD, HALLEY and BLACKBIRD, JJ. concur.
```

[Congressional Record Volume 158, Number 127 (Wednesday, September 19, 2012)]
[Extensions of Remarks]
[Page E1554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                HONORING ST. JOSEPH'S COLLEGE CENTENNIAL

                                  _____
                                 

                          HON. CHELLIE PINGREE

                                of maine

                    in the house of representatives

                     Wednesday, September 19, 2012

  Ms. PINGREE of Maine. Mr. Speaker, I would like to honor a college in 
my District that is celebrating 100 years of teaching students and 
instilling in them incredible ethics about service to others.
  St. Joseph's College was founded in 1912 by the Portland Regional 
Community of the Sisters of Mercy of the Americas, with classes taking 
place in the Motherhouse in Portland, Maine.
  Much has changed in the last hundred years. Today, over a thousand 
students attend the college. Many live at a beautiful campus 
overlooking Sebago Lake in Standish, Maine, while many others take 
classes online--something that would probably be difficult for the 
Sisters to imagine in 1912.
  While the college has successfully seized opportunities to grow and 
adapt with changing times, its core values are completely intact. 
Service to others remains a defining characteristic of its culture. St. 
Joseph's students take part in an impressive number of service 
projects, including volunteering at health clinics in Guatemala, an 
active chapter of Habitat for Humanity, and Catherine's Cupboard, a 
local food pantry run by the college and the Town of Standish.
  Another aspect of the school that is close to my heart is the 
college's commitment to serving healthy, local food to its students. 
Bon Appetit, the school's food service provider, has demonstrated that 
locally sourced products can work even for large institutions. Among 
their pursuits at St. Joseph's are featuring meals with ingredients 
only from the surrounding area and helping operate a small farm on the 
campus.
  I extend to St. Joseph's College--along with its staff, students and 
alumni--the warmest congratulations on its first hundred years, and 
best wishes for a hundred more.

                          ____________________
```
```

[Congressional Record Volume 158, Number 129 (Friday, September 21, 2012)]
[House]
[Page H6237]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                           VOTER SUPPRESSION

  (Ms. SCHAKOWSKY asked and was given permission to address the House 
for 1 minute.)
  Ms. SCHAKOWSKY. Mr. Speaker, this is Constitution Week, when we 
celebrate our fundamental rights as Americans. Today, one of the most 
cherished rights, the right to vote, is under serious attack.
  Recent efforts to suppress voter participation are designed to 
silence the voice of American voters, especially seniors, people of 
color, the poor, and young adults.
  In Florida, new restrictions on voter registration led the League of 
Women Voters to suspend their efforts until the law was halted by the 
court. Republican legislatures have passed strict voting requirements, 
although Pennsylvania could not provide even one example of voter 
fraud. Even elderly veterans, who risked their lives for our country, 
may be turned away from the polls because they lack the proper IDs. 
Five million Americans could be disenfranchised.
  Anyone who values our Constitution should encourage voting, not erect 
barriers based on false claims of voter fraud.

                          ____________________
```
Exhibit 32.2

          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 Y-Tel  International,  Inc.  (the
"Company")  on Form 10-QSB for the period  ended June 30, 2005 as filed with the
Securities and Exchange  Commission on the date hereof (the  "Report"),  I, John
Conroy, Chief Financial Officer of the Company,  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 and belief:

           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  result  of
                operations of the Company.

Dated: August 15, 2005


/s/ John Conroy
---------------
John Conroy, Chief Financial Officer





                                     32.2-1
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 21-0455

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

NEIL LYNN NUNES,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time to 

produce transcripts on appeal, and good cause appearing,

IT IS HEREBY ORDERED that Court Reporter Kelsey McAlpine 

is granted an extension of time to and including July 5, 2022, within 

which to prepare, file, and serve the transcripts requested on appeal. 

The Clerk shall serve a copy of this Order upon the district court 

and the court reporter.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

May 11 2022

05/11/2022

Case Number: DA 21-0455
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
        (SUBSECTIONS (A) AND (B) OF SECTION 1350, CHAPTER 63 OF TITLE 18,
                               UNITED STATES CODE)


Pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002 (subsections (a) and
(b) of Section 1350,  Chapter 63 of Title 18,  United States Code),  each of the
undersigned  officers of Wien Group, Inc., a New York corporation (the Company),
do hereby  certify with respect to the  Quarterly  Report of the Company on Form
10-QSB for the quarter ended  December 31, 2004, as filed with the  Securities &
Exchange Commission (the 10-QSB Report) that:

(1)      the 10-QSB  Report fully  complies  with the  requirements  of sections
         13(a) and 15(d) of the Securities Exchange Act of 1934; and,

(2)      the information  contained in the 10-QSB Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Company.

A signed  original of this  written  statement  required by Section 906 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.

Dated: February 10, 2005                         /s/ Stephen S. Wien
                                                 -------------------------------
                                                     STEPHEN S. WIEN,
                                                 Chief Executive Officer
                                                 & Chief Financial Officer
# C_2009019EN.01003502.xml

| 24.1.2009 | EN | Official Journal of the European Union | C 19/35 |
| --- | --- | --- | --- |

24.1.2009

EN

Official Journal of the European Union

C 19/35

---

Action brought on 20 November 2008 — Toqueville v OHIM — Schiesaro (TOCQUEVILLE 13)

(Case T-510/08)

(2009/C 19/66)

Language in which the application was lodged: Italian

Parties

Applicant: Toqueville Srl (Milan, Italy) (represented by: S. Bariatti, I. Palombella and E. Cucchiara, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Marco Schiesaro (Milan, Italy)

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

| — | Annul the decision of the Second Board of Appeal of OHIM of 26 August 2008 in Case R 829/2008-2 Toqueville Srl v M. Schiesaro. |
| --- | --- |

—

Annul the decision of the Second Board of Appeal of OHIM of 26 August 2008 in Case R 829/2008-2 Toqueville Srl v M. Schiesaro.

| — | Order the defendant to pay the costs. |
| --- | --- |

—

Order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: word mark ‘TOCQUEVILLE 13’ (Community trade mark No 1.406.982) to designate goods and services in Classes 25, 41 and 42.

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: the applicant.

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity: Marco Schiesaro.

Applicant for the declaration of invalidity:

Decision challenged before the Board of Appeal: the decision of the Cancellation Division to grant the application for partial revocation of the trade mark in question.

Decision challenged before the Board of Appeal:

Decision of the Board of Appeal: declaration that the appeal is inadmissible and rejection of a request for restitutio in integrum as regards the time-limit for filing an appeal against the decision of the Cancellation Division.

Decision of the Board of Appeal:

restitutio in integrum

Pleas in law: Infringement of Articles 73 and 78 if Regulation (EC) No 40/94 on the Community trade mark, Articles 2 and 9 of Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market and Article 50 of Regulation (EC) No 2868/95 implementing Regulation (EC) No 40/94.

Pleas in law:

---
##### Table of Contents



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): April 28, 2008
 SM&A
 (Exact name of registrant as specified in its charter)
 Delaware
    
    0-23585
    
    33-0080929(State or other jurisdiction
    
    (Commission
    
    (IRS Employerof incorporation)
    
    File Number)
    
    Identification No.)
 4695 MacArthur Court, 8th Floor, Newport Beach, California
    
    92660(Address of principal executive offices)
    
    (Zip Code)
 (949) 975-1550
 (Former name or former address, if changed since last report.)
 see
 o
    
    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 þ
    
    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 o
    
    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 o
    
    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))




---



TABLE OF CONTENTS  Item 8.01 Other EventsItem 9.01 Financial Statements and ExhibitsExhibit ListSIGNATURESExhibit ListEXHIBIT 99.1    Table of Contents  
 Item 8.01
    
    Other Events.
   HTTP://WWW.SEC.GOV
 
 Item 9.01
    
    Financial Statements and Exhibits.




---



##### Table of Contents



Exhibit List
 Exhibit No.
    
    Description99.l
    
    Press release dated April 28, 2008




---



##### Table of Contents



SIGNATURES
  April 28, 2008
    SM&ABy:
    /s/ James R. EckstaedtName:
    James R. EckstaedtTitle:
    Executive Vice President, Finance and
Chief Financial Officer




---



##### Table of Contents



Exhibit Index
 Exhibit
No.
    

Description99.l
    
    Press release dated April 28, 2008
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-41463 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus PABLO GALVAN-JUAREZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-00-CR-286-1

-------------------- October 29, 2001 Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM: * Pablo Galvan-Juarez appeals the 46-month sentence imposed following his plea of guilty to a charge of being found in the United States after deportation, a violation of 8 U.S.C. § 1326. He contends that the felony conviction that resulted in his increased sentence under 8 U.S.C. § 1326(b)(2) was an element of the offense that should have been alleged in the indictment. The Government’s argument that Galvan should be precluded from raising this issue on appeal is unpersuasive.No. 00-41463 -2- Galvan acknowledges that his argument is foreclosed by the Supreme Court’s decision in Almendarez-Torres v. United States , 523 U.S. 224 (1998), but he seeks to preserve the issue for Supreme Court review in light of the decision in Apprendi v. New Jersey , 530 U.S. 466 (2000). Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000), cert. denied , 121 S. Ct. 1214 (2001). Galvan’s argument is foreclosed. The judgment of the district court is
AFFIRMED.
32.1 SECTION 1350 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
 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 Commonwealth Income & Growth Fund IV, (the “Company”) on Form 10-Q for the quarter ended March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Kimberly A. Springsteen-Abbott, 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 result of operations of the Company.
 
 /s/Kimberly A. Springsteen-AbbottKimberly A. Springsteen-AbbottChief Executive OfficerMay 17, 2010
Registered Office.
 Other Offices.
   Time and Place of Meetings
 Annual Meetings
 Special Meetings
 Notice




---



##### 



Quorum
 Voting.
 Method of Voting
 Action Without Meeting
 2




---



##### 



Responsibilities.
 Number; Term
 Vacancies; Increases
 Place of meetings
 3




---



##### 



Regular Meetings
 Special Meetings
 Quorum; Majority Vote
 Minutes.
 Committees
 Committee Minutes
 Action Without Meeting
 4




---



##### 



Method
 Waiver.
   Number
 5




---



##### 



Appointed Officers
 Removal
 Compensation
 Duties
       6




---



##### 



Checks
 Fiscal Year
 Telephone and Similar Meetings
 Distributions and Share Dividends
 Amendment of Bylaws
 7
```

[Congressional Record Volume 158, Number 129 (Friday, September 21, 2012)]
[Extensions of Remarks]
[Pages E1591-E1592]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

         IN RECOGNITION OF THE BLACK SHIELD POLICE ASSOCIATION

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                      Thursday, September 20, 2012

  Mr. KUCINICH. Mr. Speaker, I rise today in recognition of the Black 
Shield Police Association, BSPA, an organization of dedicated minority 
police officers that are committed to serving our communities 
throughout the Greater Cleveland area.
  The BSPA was originally founded in 1946 as the Shield Club, which was 
designed to assist black officers in maintaining and strengthening 
self-esteem within an atmosphere of indifference. The Shield Club was a 
social club for black officers who were, at the time, prohibited from 
joining organizations that were for white police officers. In 1969, the 
Shield Club was officially chartered as a non-profit organization and 
was the third oldest black police organization in the U.S. The Shield 
Club officially became the Black Shield Police Association in 1978. By 
2000, the National Black Police Association expanded to an 
international organization with members in the United Kingdom, Canada 
and the Bahamas. The BSPA supports the philosophy of community 
policing, the calls for a true and cooperative partnership between the 
community and the police for safer communities.

[[Page E1592]]

  The Black Shield Police Association's Annual Dinner and Dance 
Scholarship Awards Banquet is being held at Cleveland's Doubletree 
Hotel on October 13, 2012. The theme of this year's event is ``Still 
moving FORWARD while celebrating 66 years of Unity.'' Special tributes 
will be made to retirees Lieutenant John Cole, Sergeant Hughleam 
Medlea, Sergeant Andre Douglas, Sergeant Randall Bergeon, Police 
Officer Eugene Preston, Police Officer Arthur Fantroy, Police Officer 
Sandra Robertson, Police Officer Kevin Martin and Police Officer Paul 
Jones.
  Mr. Speaker and colleagues, please join me in recognizing the Black 
Shield Police Association and its important role in the Greater 
Cleveland community.

                          ____________________
```
#### Norman Spottswood, *Plaintiff in Error,*v. The State of Florida, *Defendant in Error.*

Opinion Filed June 18, 1915.

A charge in a murder trial upon self defense that the accused must have “used all reasonable means in his power to avoid the danger and to avert the necessity of killing,” and a charge “that one assaulted on his own premises need not retreat,” do not conflict.

*8Writ of error to Circuit Court, Santa Rosa County; J. Emmet Wolfe, Judge.

Judgment affirmed.

*C. M. Jones*and *Scott M. Loftin,*for Plaintiff in Error;

*T. F. West, Attorney General,*and *C. O. Andrews, Assistant,*for the State.

Cockrell, J.

The plaintiff in error was convicted of manslaughter and sentenced to thirty months in the State prison; his co-defendant in the Circuit Court was acquitted.

The court charged the jury as follows: “Neither could the defendants justify his or their acts * * * upon the ground of self defense, unless they used all reasonable means in his or their power consistent with his or their own safetjr to' avoid, the danger and avert the necessity of killing Ward, if he or they did kill him, and you are to determine from the evidence whether he or they, used such means”; and also at the defendant’s request instructed the jury: “If you find from, the evidence in this case that the defendant, Norman Spottswood, was assaulted on the premises of his sister, near her home in which defendant, Norman Spottswood was living with his sister, the court charges you that the defendant, Norman Spottswood was not obliged to retreat, but had a right to stand his ground and use such force as might appear to him. as a cautious and prudent man, to be necessary to save his life or to save himself from great bodily harm.”

*9The sole argument of the plaintiff in error is that there is here such a conflict as to mislead the jury and to demand a reversal.

We see no conflict. The jury were told that the defendants must have used all reasonable means to avoid the encounter, but that this did not include the necessity of retreating if upon their own premises. Moreover there was evidence that Norman Spottswood was the original aggressor, bringing on the affray without sufficient provocation, and that the encounter took place upon the shore of the sea, at the waters edge, and not upon private property.

We find no error and the judgment is affirmed.

Taylor, C. J., and Shackleford, Whitfield and Ellis, JJ., concur.