alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
hme-10k2009ex1048.htm


    
      
        EXHIBIT
10.48

      

       

      AMENDMENT NO. 89 TO THE SECOND

      AMENDED AND RESTATED AGREEMENT OF

      LIMITED PARTNERSHIP OF HOME PROPERTIES, L.P.

       

      


      This
AMENDMENT No. 89 TO THE SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED
PARTNERSHIP OF HOME PROPERTIES, L.P., dated as of April 2, 2007 (this
"Amendment"), is being executed by Home Properties, Inc., a Maryland corporation
(the "General Partner"), as the general partner of Home Properties, L.P., a New
York limited partnership (the "Partnership"), pursuant to the authority
conferred on the General Partner by Section 9.10(b)(iv) of the Second
Amended and Restated Agreement of Limited Partnership of Home Properties, L.P.,
dated as of September 23, 1997 (the "Agreement").  Capitalized terms
used, but not otherwise defined herein, shall have the respective meanings
ascribed thereto in the Agreement.

       

      NOW,
THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged:

       

      1.           The
Agreement is hereby amended to revise the first sentence of Section 1.65 to read
as follows:

       

      “With
respect to Distributions, the same date on which record is to be taken for
purposes of any dividend payment to be made on shares of the Common Stock of the
General Partner after reflecting assignments effective as of such
day.”

       

      2.           Except
as specifically amended hereby, the terms, covenants, provisions and conditions
of the Agreement shall remain unmodified and continue in full force and effect
and, except as amended hereby, all of the terms, covenants, provisions and
conditions of the Agreement are hereby ratified and confirmed in all
respects.

       

      IN
WITNESS WHEREOF, this Amendment has been executed as of the date first written
above,

       

       

      
        	
                 
      

              	
                GENERAL
      PARTNER:

              


      

       

      
        	
                 
      

              	
                HOME
      PROPERTIES, INC.

              


      

       

       

      
        	
                 
      

              	
                By

              	
                /s/ Ann M.
      McCormick               

              


      

      
        	
                 
      

              	
                Name:
      Ann M. McCormick

              


      

      


      Title:  Executive
Vice President and

      Secretary
<PAGE>

                               Exhibit 12.1

                REDWOOD EMPIRE BANCORP AND SUBSIDIARIES

           COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                       (in thousands, except ratios)

<TABLE>
<CAPTION>

                                                     Year Ended
                                                     December 31
                                                         1995
                                                  ----------------
<S>                                               <C>
EXCLUDING INTEREST ON DEPOSITS

Net income                                              $3,313
Tax provision                                            2,359
Fixed charges:
  Other interest expense                                 4,941
                                                       -------

Earnings before taxes and fixed charges                $10,613
                                                       -------
                                                       -------

Ratio of earnings to fixed charges                        2.15
                                                       -------
                                                       -------


INCLUDING INTEREST ON DEPOSITS

Fixed charges, per above                                $4,941
Interest on deposits                                    22,730
                                                       -------

Total fixed charges and interest on deposits           $27,671
                                                       -------
                                                       -------

Earnings before taxes and fixed charges, per above     $10,613
Interest on deposits                                    22,730
                                                       -------

Total earnings before taxes, fixed charges and
  interest on deposits                                 $33,343
                                                       -------
                                                       -------

Ratio of earnings to fixed charges                        1.20
                                                       -------
                                                       -------

Surplus                                                 $5,672
                                                       -------
                                                       -------

The 1995 earnings are adequate to cover fixed charges by the amount noted above.



</TABLE>
<page>  EXHIBIT 32.02

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 Morgan Stanley Charter
Campbell L.P. (the "Partnership") on Form 10-Q for the period
ended June 30, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Kevin Perry,
Chief Financial Officer, Demeter Management Corporation, the
general partner of the Partnership, 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:
(1)	The Report fully complies with the requirements of Section
13 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 Partnership.









By:    /s/Kevin Perry

Name:		Kevin Perry
Title:	Chief Financial Officer

Date:		August 16, 2004
Derrick LOWERY, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

No. ED 105868

Missouri Court of Appeals, Eastern District, DIVISION THREE.

Filed: December 4, 2018

Maleaner R. Harvey, 1010 Market Street, Suite 1100, St. Louis, MO 63101, For Movant/Appellant.

Justin A. Moody, P.O. Box 899, Jefferson City, MO 65102, For Respondent/Respondent.

Before Sherri B. Sullivan, P.J., Lawrence E. Mooney, J., and James M. Dowd, J.

*ORDER*

PER CURIAM.

Derrick Lowery appeals from the trial court's Judgment denying his amended Motion to Vacate, Set Aside or Correct Judgment and Sentence filed pursuant to Rule 24.0351 after an evidentiary hearing. We have reviewed the briefs of the parties and the record on appeal and conclude the court's factual findings and conclusions of law are not clearly erroneous. Rule 24.035(k). An extended opinion would have no precedential value. We have, however, provided a memorandum setting forth the reasons for our decision to the parties for their use only. We affirm the judgment pursuant to Missouri Rule of Civil Procedure 84.16(b).

1

All rule references are to Mo. R. Crim. P. 2015, unless otherwise indicated.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03

- 22

- 00189

- CV

S. W. , Appellant

v.

Texas Department of Family and Protective Services , Appellee

FROM THE 20TH DISTRICT COURT OF MILAM COUNTY NO. CV40326 , THE HONORABLE JOHN YOUNGBLOOD , JUDGE PRESIDING

O R D E R

PER CURIAM

Appellant S. W. filed her notice of appeal on April 7, 2022 . The appellate record

was complete on April 20, 2022 , making appellant’s brief due on May 10, 2022

. On May 10,

2022 , counsel for appellant filed a motion for e x tension of time to file appellant’s brief.

The rules of judicial administration accelerate the final disposition of appeals

from suits for termination of parental rights. See Tex. R. Jud. Admin. 6.2(a) (providing 180 days

for court’s final disposition). The accelerated schedule constrains this Court’s leeway in granting

extensions. In this instance, we will grant the motion and order Alan Bennett to file appellant’s

brief no later than May 25, 2022 . If the brief is not filed by that date, counsel may b e required to

show cause why he should not be held in contempt of court.

It is ordered on May 17, 2022

.

Before Chief Justice Byrne, Justices Kelly and Smith
#### In the Matter of the Estate of Betty Agrest, Deceased. Malaku J. Steen, Appellant; Nancy Bonior et al., Respondents.

[719 NYS2d 261]

In a turnover proceeding pursuant to SCPA article 21, the petitioner appeals from an order of the Surrogate’s Court, Richmond County (Fusco, S.), dated December 16, 1999, which denied his motion for summary judgment on the petition.

Ordered that the order is reversed, on the law, with costs payable by the respondents personally, the motion is granted, and the matter is remitted to the Surrogate’s Court, Richmond County, for further proceedings consistent herewith.

Neither of the forms for the power of attorney issued to the decedent’s half-brother, Leroy White, in the two weeks before the decedent’s death expressly authorized him to make a gift of the decedent’s real property to his wife, Florence White. Thus, the gratuitous conveyance was, on its face, a breach of his fidu-ciary duty and therefore invalid *(see, Semmler v Naples,*166 AD2d 751; *Moglia v Moglia,*144 AD2d 347).

In support of his motion for summary judgment on the petition, the petitioner submitted a copy of the certified City of New York Real Property Transfer Tax Return filed by the Whites regarding this conveyance, which established that the transfer to Florence White was a gift. The burden then shifted to the respondents to demonstrate the decedent’s donative *472intent by admissible evidence. The respondents failed to come forward with any proof that the decedent intended to make a gift of her real property to Florence White *(see, Semmler v Naples, supra).*

There is no merit to the respondents’ contention that Florence White gave consideration for the transfer, since she took title to the property subject to a mortgage and other liens. It is undisputed that she did not discharge any of the decedent’s debts before she sold the property *(cf., Thomas v Evans,*105 NY 601). Furthermore, the respondents’ reliance on the defense of laches is without merit. The respondents Nancy Bonior and Stephen Foust were not bona fide purchasers, as they were alerted to several defects in the title before they purchased the property.

The argument by Bonior and Foust that they have a meritorious counterclaim for reimbursement of their expenses related to improvements they made to the property is not properly before this Court. Since the Surrogate’s Court did not address their cross motion for leave to amend their answer to assert the counterclaim, that cross motion remains pending and undecided *(see, Katz v Katz,*68 AD2d 536). Ritter, J. P., S. Miller, Goldstein and Smith, JJ., concur.
Exhibit 32
                                                                      ----------


                              PACIFIC STATE BANCORP

                            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 Pacific State Bancorp (the
"Company") on Form 10-Q for the period ended June 30, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report'), the
undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his
knowledge, that:

     (1)  The Report fully complies with the requirements of Section 13 (a) or
          15 (d) of the Securities and 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

Date: August 14, 2003


                                /s/ Steven A. Rosso
                                -------------------------------------
                                Steven A. Rosso
                                President and Chief Executive Officer
                                Acting Chief Financial Officer*

                                       16
Unassociated Document


    Exhibit
10.40

     

    February
25, 2010

     

    William
S. Ayer, Chairman

    Puget
Energy, Inc.

    Puget
Sound Energy, Inc.

    10885 NE
4th Street

    Bellevue,
WA 98004

    


    Re:           Waiver
of Change in Control Rights

    


    Dear
Bill:

    


    As you
are aware, I am party to an employment agreement with Puget Sound Energy, Inc.
and Puget Energy, Inc. dated as of January 1, 2002, as subsequently amended by
amendments effective as of May 12, 2005, February 9, 2006 and February 28, 2008
(the "Agreement").  Section 7(e) of the Agreement, including but not
limited subsections (A) through (C) of that section, provides certain payments
and other benefits upon a Change in Control (as defined therein) (the "Change in
Control Rights").

    


    I hereby
knowingly, irrevocably and permanently waive any Change in Control Rights as
described in Section 7(e) of the Agreement, effective as of December 31,
2009.

    


    Pursuant
to Section 15 of the Agreement, I respectfully request that you please
acknowledge this waiver by signing below.

    


    Best
Regards,

    


    


    /s/ Stephen P. Reynolds

    Stephen
P. Reynolds

    Chief
Executive Officer and President

    Puget
Energy, Inc. and Puget Sound Energy, Inc.

    


    


    Acknowledged
this 25 day of February, 2010.

    


    Puget
Energy, Inc.

    Puget
Sound Energy, Inc.

    


    


    


    /s/ William S.
Ayer                                                                      

    William
S. Ayer, Chairman
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5516 Referred in Senate (RFS)]

  2d Session
                                H. R. 5516

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2006

                                Received

                           November 13, 2006

    Read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 AN ACT

  To allow for the renegotiation of the payment schedule of contracts 
  between the Secretary of the Interior and the Redwood Valley County 
                Water District, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RENEGOTIATION OF PAYMENT SCHEDULE.

    Section 15 of Public Law 100-516 (102 Stat. 2573) is amended as 
follows:
            (1) By amending paragraph (2) of subsection (a) to read as 
        follows:
            ``(2) If, as of January 1, 2006, the Secretary of the 
        Interior and the Redwood Valley County Water District have not 
        renegotiated the schedule of payment, the District may enter 
        into such additional non-Federal obligations as are necessary 
        to finance procurement of dedicated water rights and 
        improvements necessary to store and convey those rights to 
        provide for the District's water needs. The renegotiated 
        schedule of payments shall commence when such additional 
        obligations have been financially satisfied by the District. 
        The date of the initial payment owed by the District to the 
        United States shall be regarded as the start of the District's 
        repayment period and the time upon which any interest shall 
        first be computed and assessed under section 5 of the Small 
        Reclamation Projects Act of 1956 (43 U.S.C. 422a et seq.).''.
            (2) By striking subsection (c).

            Passed the House of Representatives September 27, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
Anthony L. CARROLL, Appellant, v. STATE of Missouri, Respondent.

No. ED 105425

Missouri Court of Appeals, Eastern District, DIVISION ONE.

FILED: March 27, 2018 Motion for Rehearing and/or Transfer to Supreme Court Denied April 30, 2018 Application for Transfer to Supreme Court Denied August 21, 2018

Lisa M. Stroup, 1000 STL Union Station, Ste 300, St. Louis, MO 63103, for appellant.

Joshua Hawley, Shaun J. Mackelprang, P.O. Box 899, Jefferson City, MO 65102, for respondent.

Before Robert G. Dowd, Jr., P.J., Sherri B. Sullivan and Kurt S. Odenwald, J.

*ORDER*

PER CURIAM

Anthony L. Carroll ("Carroll") appeals from the motion court's denial of his Rule 29.15 motion seeking post-conviction relief. A jury found Carroll guilty of multiple felonies after he robbed and sodomized Victim during a home invasion. Carroll presents three points on appeal. Point One contends that the motion court erred in denying Carroll's request on remand to reappoint post-conviction counsel and permit amendment of his Rule 29.15 motion. Point Two asserts that the motion court clearly erred in rejecting Carroll's ineffective-assistance-of-counsel claim because defense counsel failed to impeach Victim with Victim's medical records. Point Three challenges the sufficiency of the motion court's judgment.

We have reviewed the briefs of the parties and the record on appeal and find no error of law. No jurisprudential purpose would be served by a written opinion. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the facts and reasons for this order.

The judgment of the trial court is affirmed in accordance with Rule 84.16(b).
2 

Page 1 of 2 

M U - 2

S E R V I C E N E W S

MITSUBISHI HEAVY INDUSTRIES, LTD. 

NAGOYA AEROSPACE SYSTEMS WORKS 

10, OYE-CHO, MINATO-KU, NAGOYA, JAPAN 

 

JCAB T.C. : No.171 

FAA T.C. : No.124/32-011 DATE: April 27, 2012

SUBJECT: Main Landing Gear Oleo Fitting-Lubrication of 

MODELS AFFECTED: All A2PC Certified Long Body Airplanes 

 All A10SW Certified Long Body Airplanes 

During a recent periodic inspection of the main landing gear linkage and fittings, the 030A-32314 oleo

upper attach fitting was found to be cracked and could have resulted in failure of the landing gear system. 

An analysis of the failed fitting was conducted by Mitsubishi Heavy Industries (MHI) engineering. The

result of that analysis revealed that the fitting had not received lubrication for an unknown period of time 

and the crack was initiated by corrosion and subsequently a fitting failure occurred. 

Grease ports are located on two ends of the Pin Assy attached to the fitting. One end can be accessed

through a hole located on the exterior skin, and another can be accessed in a tight area inside the 

wheelwell. Special attention should be given to ensure that lubrication of this area is not overlooked 

during maintenance. 

Grease Port Grease Port rease Port 

Grease Port Grease Port 
MU-2 Service News

JCAB T.C. : No.171 

FAA T.C. : No.124/32-011 DATE: April 27, 2012 

Page 2 of 2 

Precautions should be taken by all maintenance facilities and their personnel to insure proper and 

complete lubrication has been accomplished in accordance with the Maintenance Requirements Manual 

applicable to the aircraft being maintained. 

For questions or additional information, contact Mitsubishi Heavy Industries America, Inc. Engineering at 

(972) 934-5480 Ext 207
##### 



EXHIBIT 11 BAY VIEW CAPITAL CORPORATION
COMPUTATION OF PER SHARE EARNINGS (LOSS) For the Three
    
    For the NineMonths Ended
    
    Months Ended
    
    For the Year EndedDecember 31,
    
    September 30,
    
    December 31,2003
    
    2002
    
    2001
    
    2000
    
    1999(Amounts in thousands, except per share amounts)Basic earnings (loss) per share: (1)Net earnings (loss) available to
common shareholders
    
    $
    (855
    )
    
    $
    71,661
    
    
    $
    (101,170
    )
    
    $
    (326,197
    )
    
    $
    28,964Weighted-average shares outstanding
    
    
    64,187
    
    
    
    62,724
    
    
    
    50,873
    
    
    
    32,634
    
    
    
    21,169Basic earnings (loss) per share
    
    $
    (0.01
    )
    
    $
    1.14
    
    
    $
    (1.99
    )
    
    $
    (10.00
    )
    
    $
    1.37Diluted earnings (loss) per share: (1)Net earnings (loss) available to
common shareholders
    
    $
    (855
    )
    
    $
    71,661
    
    
    $
    (101,170
    )
    
    $
    (326,197
    )
    
    $
    28,964Weighted-average shares outstanding
    
    
    64,187
    
    
    
    62,724
    
    
    
    50,873
    
    
    
    32,634
    
    
    
    21,169Dilutive potential common shares
    
    
    
    
    
    
    411
    
    
    
    
    
    
    
    
    
    
    
    146Diluted weighted-average shares outstanding
    
    
    64,187
    
    
    
    63,135
    
    
    
    50,873
    
    
    
    32,634
    
    
    
    21,315Diluted earnings (loss) per share
    
    $
    (0.01
    )
    
    $
    1.13
    
    
    $
    (1.99
    )
    
    $
    (10.00
    )
    
    $
    1.36
 (1) Computation of per share earnings (loss) only applies to periods reported under the going concern basis of accounting.