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Exhibit 10.11(3)  


 
 

AMENDMENT NO. 2 TO
  REVOLVING CREDIT AND SECURITY AGREEMENT    
    


        This
AMENDMENT NO. 2 (the "Amendment") is made and entered into as of April 16, 2004 by and between Countrywide Warehouse Lending ("Lender") and Fieldstone Mortgage Company and
Fieldstone Investment Corporation (collectively "Borrower"). This Amendment amends that certain Revolving Credit and Security Agreement by and between Lender and Borrower dated as of March 13,
2001 (as may be amended from time to time, the "Credit Agreement"). 


R E C I T A L S  


        Lender
and Borrower have previously entered into the Credit Agreement pursuant to which Lender may, from time to time, provide Borrower credit in the form of a warehouse line secured by
residential mortgage loans. Lender and Borrower hereby agree that the Credit Agreement shall be amended as provided herein. 


        In
consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lender and Borrower
hereby agree as follows: 


        1.    New Section—Secondary Marketing, Underwriting, Third Party Origination and Interest Rate Risk Management
Practices.    The following new section, numbered Section 10.11 and titled "Secondary Marketing, Underwriting, Third Party Origination and Interest Rate Risk
Management Practices," shall be added to the Credit Agreement: 



        "Borrower
shall notify Lender in writing at minimum thirty (30) days prior to making any material changes to its secondary marketing, underwriting, third party origination and
interest rate risk management practices of Borrower that exist as of the date hereof. Borrower's failure to provide Lender with written notice as indicated above shall be deemed an Event of Default." 




        2.    No Other Amendments.    Other than as expressly modified and amended herein, the Credit
Agreement shall remain in full force and effect and nothing herein shall affect the rights and remedies of Lender as provided under the Credit Agreement. 



        3.    Capitalized Terms.    Any capitalized term used herein and not otherwise defined herein
shall have the meaning ascribed to such term in the Credit Agreement. 


        4.    Facsimiles:    Facsimile signatures shall be deemed valid and binding to the same extent
as the original. 


        IN
WITNESS WHEREOF, Lender and Borrower have caused their names to be signed hereto by their respective officers thereunto duly authorized as of the date first written above. 



	COUNTRYWIDE WAREHOUSE LENDING	 	FIELDSTONE MORTGAGE COMPANY
	

By:	

/s/  THOMAS C. WILLIAMS      
 Signature	
 	

By:	

/s/  PATRICK MONAHAN      
 Signature
	Name:	Thomas C. Williams
	 	Name:	Patrick Monahan

	Title:	President
	 	Title:	S.V.P

	

 	

 	
 	
FIELDSTONE INVESTMENT CORPORATION
	

 	

 	
 	

By:	

/s/  PATRICK MONAHAN      
 Signature
	 	 	 	Name:	Patrick Monahan

	 	 	 	Title:	Treasurer














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AMENDMENT NO. 2 TO REVOLVING CREDIT AND SECURITY AGREEMENT
HARBORSIDE SUITES, LLC, Appellant, v. Michael ROSEN, et al., Appellees.

No. 3D18-293

District Court of Appeal of Florida, Third District.

Opinion filed November 21, 2018

The Lehman Law Firm, PLLC, and Gary E. Lehman ; Nelson Mullins Broad and Cassel, Beverly A. Pohl and Barbara Viota-Sawisch (Fort Lauderdale), for appellant.

Gunster, Angel A. Cortiñas and Jonathan H. Kaskel ; Akerman LLP, Michael B. Chavies and Naim S. Surgeon, Miami, for appellees.

Before SUAREZ, LAGOA and FERNANDEZ, JJ.

PER CURIAM.

Harborside Suites, LLC, appeals the trial court order dissolving writs of garnishment after the trial court's non-evidentiary hearing on the allegation of appellee debtor, Michael Rosen, as well as that of third parties, claiming that the garnished funds belong to someone other than the debtor. We reverse and remand for trial, on the authority of *Merriman Investments, LLC v. Ujowundu*, 123 So.3d 1191, 1193 (Fla. 3d DCA 2013) :

> Once issued, the trial court may consider a request to dissolve the writ under certain circumstances. Depending on the circumstance, the request to dissolve may be made in either of two ways: (1) on motion of the debtor challenging the truth of the allegations in the creditor's petition for the writ, *see* *§ 77.07, Fla. Stat*. (2001); or (2) on an affidavit of a third party claiming the garnished property belongs to the third party and not the debtor. *See* *§ 77.16, Fla. Stat. (2001)*. Either method requires a trial of the issues. *§§ 77.07*, *77.16*.

Reversed and remanded for further proceedings.
Richard S. GARRETT, Jr., Appellant, v. STATE of Florida, Appellee.

Case Nos. 5D18-816 5D18-817 5D18-818 5D18-819

District Court of Appeal of Florida, Fifth District.

Opinion filed January 18, 2019

James S. Purdy, Public Defender, and Brittany N. O'Neil and Edward J. Weiss, Assistant Public Defenders, Daytona Beach, for Appellant.

Ashley B. Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant, Richard S. Garrett, Jr., appeals the imposition of costs, arguing that the trial court erred in failing to cite statutory authority for the same. We agree and reverse the order imposing costs.

"The statutory authority for all costs imposed, whether they are mandatory or discretionary, must be cited in the written order." *Hornstra v. State* , 218 So.3d 979, 980 (Fla. 5th DCA 2017) (quoting *Kirby v. State* , 695 So.2d 889, 890 (Fla. 2d DCA 1997) ). We therefore reverse the order of costs and remand so that the State "may seek reimposition" of costs. *Kirby* , 695 So.2d at 890. We otherwise affirm.

REVERSED and REMANDED with instructions.

EVANDER, C.J., EISNAUGLE and HARRIS, JJ., concur.
# C_2020054EN.01005501.xml

| 17.2.2020 | EN | Official Journal of the European Union | C 54/55 |
| --- | --- | --- | --- |

17.2.2020

EN

Official Journal of the European Union

C 54/55

---

Action brought on 4 December 2019 — Palírna U Zeleného stromu v EUIPO — Bacardi (BLEND 42 VODKA)

(Case T-830/19)

(2020/C 54/61)

Language in which the application was lodged: Czech

Parties

Applicant: Palírna U Zeleného stromu a.s. (Ústí nad Labem, Czech Republic) (represented by: T. Chleboun, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Bacardi & Co. Ltd (Meyrin, Switzerland)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for the EU figurative mark BLEND 42 VODKA in light blue and dark blue — Application for registration No 12 946 034

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 5 September 2019 in Case R 2532/2018-2

Form of order sought

The applicant claims that the Court should:

| — | join the proceedings on the applications against the decision of the defendant of 5 September 2019 in Cases R 2531/2018-2, R 2532/2018-2 and R 2533/2018-2; |
| --- | --- |

—

join the proceedings on the applications against the decision of the defendant of 5 September 2019 in Cases R 2531/2018-2, R 2532/2018-2 and R 2533/2018-2;

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order the defendant and the intervener to pay the applicant’s costs. |
| --- | --- |

—

order the defendant and the intervener to pay the applicant’s costs.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent public accountants, we hereby consent to the inclusion of our
report dated February 12, 2004, relating to the consolidated financial
statements of Utix Group, Inc. (formerly known as Corporate Sports Incentives,
Inc.) in this Form 10SB. Our report contains an explanatory paragraph regarding
the Company's ability to continue as a going concern. It should be noted that we
have not audited any financial statements of the Company subsequent to September
30, 2003 or performed any audit procedures subsequent to the date of our report.



/s/ Vitale, Caturano & Company, P.C.

VITALE, CATURANO & COMPANY, P.C.

August 17, 2004
Boston, Massachusetts
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|    |
|----|
|    |  |
| 1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K/A of Keryx Biopharmaceuticals, Inc.; and |

|    |
|----|
|    |  |
| 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. |

|        |
|--------|
|        |  |  |
|   |   | /s/ Scott A. Holmes |
|   | Scott A. Holmes  Chief Financial OfficerPrincipal Financial and Accounting Officer |
ROYAL AMERICAN REAL ESTATE, INC., Appellant, v. BOARDWALK BEACH RESORT COMMUNITY ASSOCIATION, INC., Appellee.

No. 1D18-1387

District Court of Appeal of Florida, First District.

December 12, 2018 Rehearing Denied February 7, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
George Robert GRIECO, Petitioner, v. STATE of Florida, Respondent.

No. 1D18-3357

District Court of Appeal of Florida, First District.

December 7, 2018 Rehearing Denied February 7, 2019

**DECISION WITHOUT PUBLISHED OPINION**

DENIED.
Jean L. LUCAS, Appellant, v. BAYVIEW LOAN SERVICING, LLC, a Delaware Limited Liability Company, Appellee.

No. 4D18-1113

District Court of Appeal of Florida, Fourth District.

[January 3, 2019]

Philippe Symonovicz of the Law Offices of Philippe Symonovicz, Fort Lauderdale, for appellant.

Arnold M. Straus, Jr. of Straus & Associates, P.A., Pembroke Pines, for appellee.

Per Curiam.

*Affirmed.*

Warner, Ciklin and Levine, JJ., concur.
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                          AND CHIEF FINANCIAL OFFICER
                 PURSUANT TO 18 U.S.C SECTION 1350, AS ADOPTED
           PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT 0F 2002

      I, Stephen Farkas, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906 of the  Sarbanes-Oxley  Act of 2002,  that the Annual
Report of AAMPRO  Group,  Inc. on Form  10-QSB for the  quarter  ended March 31,
2006,  fully  complies  with the  requirements  of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in such Quarterly
Report of AAMPRO  Group,  Inc. on Form 10-QSB fairly  presents,  in all material
respects,  the  financial  condition  and results of operations of AAMPRO Group,
Inc.


                                                  By: /s/ Stephen Farkas
                                                  ------------------------------
                                                  Name:  Stephen Farkas
                                                  Title: Chief Executive Officer
                                                  and Chief Financial Officer


Dated: May 18, 2006
Exhibit 32.1

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 Annual Report of Curon Medical, Inc. (the "Company") on Form 10-K for the period ended December 31, 2003
as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Larry C. Heaton II, 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:



|Date: February 27, 2004 |  | By: | /s/LARRY C. HEATON IILarry C. Heaton II
President and Chief Executive Officer
|----------------------- |  | --- | -----------------------------------------------------------------------------

This
certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18
of the Securities Exchange Act of 1934, as amended.

---

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1435.

#### Sparks Mercantile Co. *et al. v.*Stone Tobacco Co.

Appeal, from Berrien superior court- — -Judge Mitchell. September *26,*1908.

Argued December 9, 1908. —

Decided May 18, 1909.

*Hendricks & Christian,*for plaintiff in error.

*Buie & Knight,*contra.

Russell, J.

1. The exception to the striking of a portion of the defendant’s plea is not well taken.

2. What purports to be a brief of the evidence does not bear the approval' of the trial judge. Therefore this court is not in position to consider-errors assigned upon the overruling of the motion for a new trial.

*Judgment affirmed.*
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<PAGE>

                                                                    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 Acusphere, Inc. (the "Company") on
Form 10-Q for the period ending September 30, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), we, Sherri C. Oberg,
Chief Executive Officer of the Company, and John F. Thero, 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, to our knowledge,
that:

         (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/ Sherri C. Oberg
------------------------------
Sherri C. Oberg
Chief Executive Officer


/s/ John F. Thero
------------------------------
John F. Thero
Chief Financial Officer

November 12, 2003

This certification is being submitted solely for the purpose of complying with
Section 1350 of Chapter 63 of Title 18 of the United States Code. This
certification is not to be deemed "filed" for purposes of Section 18 of the
Securities Exchange Act of 1934 or otherwise subject to the liability of that
section, nor will the certification be deemed incorporated by reference in to
any filing under the Securities Act of 1933 or the Securities Exchange Act of
1934, except to the extent that the registrant specifically incorporates it by
reference.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 2371

JAMES FREEMAN , Plaintiff

- Appellant ,

v. SCIENCE APPLICATIONS INTERNATIONAL CORPORATION, a/k/a SAIC , Defendant

- Appellee

.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria

. Leonie M. Brinkema , District Judge. ( 1:19

- cv - 01502

- LMB

- MSN )

Submitted : November 17, 2022 Decided: November 22, 2022

Before KING, QUATTLEBAUM, and RUSHING , Circuit Judges.

Affirmed by un published per curiam opinion

.

ON BRIEF: Christopher E. Brown, THE BROWN FIRM PLLC, Alexandria, Virginia, for Appellant. Kimberley Lunetta, Miami, Florida , Matthew J. Sharbaugh, Zachary S. Stinson, MORGAN, LEWIS & BOCKIUS LLP, Washington, D.C., for Appellee.
Unpublished opinions are not bind ing precedent in this circuit. USCA4 Appeal: 20-2371 Doc: 22 Filed: 11/22/2022 Pg: 1 of 22 PER CURIAM:
James Freeman appeals the district court’s order denying his motion for partial summary judgment and granting Defendant summary judgment on Freeman’s discrimination, harassment, and retaliation claims, brought pu rsuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e

- 17

. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court ’s judgment

. Freeman v. Sci

. App lications Int’l Corp. , No

. 1:19

- cv - 01502

- LMB

- MSN ( E .D. Va

. Nov.
24 , 2020 ). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED USCA4 Appeal: 20-2371 Doc: 22 Filed: 11/22/2022 Pg: 2 of 2
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 Digital Network Alliance International, Inc. (the "Company") on Form 10-QSB for the period ending June 30, 2005 (the "Report"), I, Terence Yap Wing Khai, President, CEO, and a director 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:

> 1) The Report fully complies with the requirement 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 Company's
> financial position and results of operations.

/s/Terence Yap Wing Khai



Terence Yap Wing Khai, President, CEO and

 a director

August 12, 2005
Exhibit 32.1
 
 Chief Executive Officer Certification (Section 906)
 
 CERTIFICATION PURSUANT TO
 18U.S.C., SECTION 1350,
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
   Pursuant to 18 U.S.C. Section 1350 (as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002), I, John Fairweather, the undersigned President and Chief Executive Officer of Nuclear Solutions, Inc., (the “Company”), herby certify that, to the best of my knowledge, the Quarterly Report on Form 10-Q of the Company for the period ended March 31, 2010 (the “Report”) fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.  A signed original of this written statement required by Section 906 has been provided to the registrant and will be retained by it and furnished to the Securities and Exchange Commission or its staff upon request.
 
 
 Dated:  May 21, 2010
/s/ John FairweatherPresident and CEO