alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                      Exhibit 10


                               MATERIAL CONTRACTS


The following material contracts of Navistar Financial 2003-A Owner Trust are
incorporated herein by reference:

10.1   Purchase  Agreement dated as of June 5, 2003,  between Navistar Financial
       Corporation and Navistar  Financial Retail  Receivables  Corporation,  as
       Purchaser,  with respect to Navistar  Financial  2003-A  Owner Trust,  as
       Issuer.  Filed as Exhibit 99.1 to Navistar  Financial Retail  Receivables
       Corporation's  Form 8-K dated June 11, 2003.  Filed on  Registration  No.
       333-67112.

10.2   Pooling  Agreement  dated as of June 5, 2003,  among  Navistar  Financial
       Corporation,  as Servicer,  and  Navistar  Financial  Retail  Receivables
       Corporation,  as Seller,  and Navistar  Financial  2003-A Owner Trust, as
       Issuer.  Filed as Exhibit 4.1 to Navistar  Financial  Retail  Receivables
       Corporation's  Form 8-K dated June 11, 2003.  Filed on  Registration  No.
       333-67112.

10.3   Servicing  Agreement dated as of June 5, 2003,  among Navistar  Financial
       Corporation,  as Servicer,  and  Navistar  Financial  Retail  Receivables
       Corporation,  as Seller,  and Navistar  Financial  2003-A Owner Trust, as
       Issuer.  Filed as Exhibit 99.3 to Navistar  Financial Retail  Receivables
       Corporation's  Form 8-K dated June 11, 2003.  Filed on  Registration  No.
       333-67112.

10.4   Trust  Agreement  dated as of June 5, 2003,  between  Navistar  Financial
       Retail  Receivables  Corporation,  as Seller,  and Chase  Manhattan  Bank
       Delaware,  as Owner Trustee,  with respect to Navistar  Financial  2003-A
       Owner  Trust.   Filed  as  Exhibit  4.3  to  Navistar   Financial  Retail
       Receivables  Corporation's  Form  8-K  dated  June  11,  2003.  Filed  on
       Registration No. 333-67112.

10.5   Indenture dated as of June 5, 2003,  between  Navistar  Financial  2003-A
       Owner Trust and The Bank of New York, as Indenture Trustee,  with respect
       to  Navistar  Financial  2003-A  Owner  Trust.  Filed as  Exhibit  4.2 to
       Navistar Financial Retail  Receivables  Corporation's Form 8-K dated June
       11, 2003. Filed on Registration No. 333-67112.
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**Exhibit 10.6.1**

 

AMENDMENT TO EMPLOYMENT AGREEMENT

 

This Amendment (the “Amendment”) to the Employment Agreement (the “Agreement”)dated as of January 28, 2005 between ETS Payphones, Inc. (the “Company”) andJeffrey E. Fennell (the “Executive”) is made effective April 1, 2006.

 

Whereas in consideration of the mutual agreements contained herein, andfor other good and valuable consideration the receipt and sufficiency of whichare hereby acknowledged, the Company and the Executive hereby agree that **Section****4(c)**of theAgreement is hereby amended to delete “...and shall continue medical insurancefor the Executive and his dependents on the same terms as exist on the date oftermination for a period of one (1) year. After that one year period, Executiveshall be entitled to elect eighteen months of continuation coverage under COBRA”.Such language shall be replaced by the following: “...and shall receive monthlypayments of  one thousand, five hundredand sixty dollars and seventy-three cents ($1,560.73) less applicable state andfederal individual taxes as well as any taxes required to be paid by theCompany in respect of such payment for a period of one (1) year. Executiveagrees to waive election of continuation of coverage for the Executive and hisdependents under COBRA under the Company’s medical insurance plan now andforever more.”

 

All other provisions of the Agreement not specifically amended by thisAmendment shall remain in full force and effect. All capitalized but undefinedterms used herein shall the meaning ascribed to them in the Agreement. ThisAmendment may be executed simultaneously in two or more counterparts each ofwhich shall be deemed one and the same agreement. A photocopy or facsimilereproduction of this Amendment and any signatures shall be deemed as effectiveas the original.

 

IN WITNESS WHEREOF, the Company and the Executive have each executedand delivered this Amendment as of the date first shown above.

 
|   | COMPANY                |
|--------|------------------------|
|   |                   |
|   | By:                    | /s/  MICHAEL  H. MCCLELLAN |   |
|   |                   |   |
|   | Title:                 | Director, Executive Vice President and Chief Financial Officer |   |
|   |                   |   |
|   | Date:                  | March 29, 2006 |   |
|   |                   |
|   | EXECUTIVE:             |
|   |                   |
|   | /s/ JEFFREY E. FENNELL |   |
|   |                   |
|   | Date:                  | March 29, 2006 |   |
|        |                        |  |  |  |  |  |

 

----
**Exhibit 31.2****Certification**I, Lark E. Wysham, Executive Vice-President and Chief Financial Officer of Citizens Bancorp,certify that:1. I have reviewed this quarterly report on Form 10-Q of Citizens Bancorp;2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:(a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;(b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and(c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions):(a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and(b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.Date: May 11, 2007              /s/ Lark E. Wysham   Lark E. Wysham   Executive Vice-President andChief Financial Officer
#### Stevens *v.*Dufour.

If the holder of a bond and mortgage proceed on the latter first, by a foreclosure and sale of the mortgaged premises, and the amount of the sale be not sufficient to satisfy the debt, he may afterwards recover the residue by a suit on the bond.

So, if the creditor sue first on the bond, and fail to obtain the money, he may afterwards resort to the mortgage.

ERROR to the *Switzerland*Circuit Court.

Scott, J.

To a declaration in debt on a sealed note, there were four, pleas, all setting out a mortgage, a scire facias, judgment, seizure, and delivery of the mortgaged premises. Demurrer to the first plea and joinder. Replication to the second, third, and fourth pleas. Demurrer to the replication and joinder. Judgment for the plaintiff on both demurrers. Writ of error by defendant below.

Passing over the great prolixity of the pleadings, and some irregularities which might perhaps have been reached by a special demurrer, the most important question presented for our consideration is, whether after foreclosure and sale of the mortgaged premises, the proceeds of the sale not amounting to the debt, the mortgagee could proceed on the obligation for the residue of his demand? That a mortgagee has a right to look beyond his pledge, is a point well settled. The creditor who takes a mortgage to secure the payment of a debt due by specialty, may either bring aD action on the specialty, and proceed to collect his debt as in other cases; or he may obtain his demand by a foreclosure and sale of the mortgaged premises; and by taking one of these remedies, he is not estopped *from*resort*388ing to the other; but may avail himself of every legal remedy until his debt is satisfied. 10 Johns. R. 482. The case of *Tooke*v. *Hartley,*Brown’s C. C. 126, is precisely in point. There the representatives of a deceased mortgagee, after foreclosure and sale of the mortgaged premises, the amount not being sufficient, brought their action on the bond for the residue, and the defendant was refused an injunction to restrain them. The case of *Ratcliff*v. Davies, Cro. Jac. 245, cited by the plaintiffin error, was an action of trover for a personal chattel, and has no hearing on this case. Such was the law at the time these proceedings were had. The statute now is otherwise; hut the alteration does not affect this case (1).

*Stevens*and *Caswell,*for the plaintiff.

*Merrill*and *Lane,*for the defendant.

*Per Curiam.*

The judgment is affirmed with costs.

(1)

 For the statutes referred to in the text, vide Stat. 1817, p. 189; — 1823, *p.*194. As to the effect of the last-mentioned statute, vide *Youse*v. *M'Creary, May*term, 1829, post. For the statute now in force on the subject, vide Stat. 1829, p, 50.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FORM
10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           2,657
<INT-BEARING-DEPOSITS>                          11,227
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     73,187
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        344,043
<ALLOWANCE>                                      1,461
<TOTAL-ASSETS>                                 444,898
<DEPOSITS>                                     288,102
<SHORT-TERM>                                    22,000
<LIABILITIES-OTHER>                              5,271
<LONG-TERM>                                     61,200
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            75
<OTHER-SE>                                      68,250
<TOTAL-LIABILITIES-AND-EQUITY>                 444,898
<INTEREST-LOAN>                                 12,222
<INTEREST-INVEST>                                2,777
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                14,999
<INTEREST-DEPOSIT>                               5,464
<INTEREST-EXPENSE>                               7,274
<INTEREST-INCOME-NET>                            7,725
<LOAN-LOSSES>                                       90
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  5,008
<INCOME-PRETAX>                                  3,288
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,112
<EPS-BASIC>                                        .33
<EPS-DILUTED>                                      .33
<YIELD-ACTUAL>                                    7.06
<LOANS-NON>                                        761
<LOANS-PAST>                                       761
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 1,373
<CHARGE-OFFS>                                        2
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                1,461
<ALLOWANCE-DOMESTIC>                             1,461
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            240


</TABLE>
#### Robeson *v.*Kempner.

Opinion delivered November 24, 1930.

*747
      *G. B. Andrews,*for appellant.

*Murphy & Wood,*for appellee.

Humphreys, J.

This is an appeal from a decree in the chancery court of Garland County cancelling a deed executed by appellant, Martha Bobeson, to appellant, J. E. Page, to blocks 13'2 to 139, inclusive, and blocks 173 to 191, inclusive," in the city of Hot Springs, Arkansas, quieting the title to certain lots in said blocks in appellees and others, and perpetually enjoining appellants from setting up claim or title thereto. The decrée was rendered toy the trial court upon the complaint of appellees for themselves and all other owners of lots in said blocks, and the oral and documentary testimony adduced by appellees, upon the failure and refusal of appellants to plead further after the court had overruled appellants’ motion to transfer the cause to the Federal court and their motion to make the complaint more definite and certain and the demurrer to the complaint. The oral and documentary testimony introduced on the trial of the cause does not appear in the transcript, so it must be presumed that the recital of facts contained in the decree was supported by and was in accordance with the weight of the evidence. The allegations of the complaint were, and the decree found and declared, that appellees and other owners of said lands had been in the actual possession thereof and had paid the taxes thereon for more than forty years; that appellants had no right or title therein but had conspired to and did continually harass and annoy the owners of all lots in said blocks by making false claims of title and by executing and placing of record false deeds and telling prospective buyers that appellant, Martha Bobeson, was the rightful owner of all of said land and interfering with the collection of rents from the tenants occupying said property.

Appellants contend for a reversal of the decree because the court overruled their motion to make the complaint more definite and certain by setting out their claim *748of title and overruling their demurrer to the complaint for failure to do so.

Our statutes do not require that plaintiffs in suits of this character be required to set out therein their chain of title. In ejectment suits the statutes make such requirements. In suits in equity to quiet titles allegations of ownership are sufficient upon which to base or found the actions.

Appellants also contend for a reversal of the decree because the court overruled their motion to transfer the cause to the Federal court. The petition for the removal, of the cause was properly overruled. The only ground alleged for removal was that gross fraud had been perpetrated on the United States Land Commissioner in obtaining a patent to the lands in question. The allegation was too general to constitute a ground for removal of the cause. It failed to allege the manner in which or when fraud was perpetrated. There are other grounds upon which the court properly overruled the petition for removal which are unnecessary to refer to or discuss.

No error appearing, the decree is affirmed.
I

105TH CONGRESS

1ST SESSION H. R. 937

To amend the Internal Revenue Code of 1986 to repeal the inclusion in

gross income of unemployment compensation.

IN THE HOUSE OF REPRESENTATIVES

MARCH 5, 1997

Mr. ENGLISH of Pennsylvania introduced the following bill; which was referred

to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to repeal

the inclusion in gross income of unemployment compensation.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Unemployment Tax

5 Repeal Act of 1995’’.

6 SEC. 2. REPEAL OF TAX ON UNEMPLOYMENT COMPENSA7 TION.

8 (a) IN GENERAL.—Section 85 of the Internal Reve9 nue Code of 1986 is hereby repealed.

10 (b) CONFORMING AMENDMENTS.—
2

•HR 937 IH

1 (1) Subsection (p) of section 3402 of such Code

2 is amended by striking paragraph (2) and by redes3 ignating paragraph (3) as paragraph (2).

4 (2) Section 6050B of such Code (relating to re5 turns relating to unemployment compensation) is

6 hereby repealed.

7 (3) The table of sections for part II of sub8 chapter B of chapter 1 of such Code is amended by

9 striking the item relating to section 85.

10 (4) The table of sections for subpart B of part

11 III of subchapter A of chapter 61 of such Code is

12 amended by striking the item relating to section

13 6050B.

14 (c) EFFECTIVE DATE.—The amendments made by

15 this section shall apply to amounts received after the date

16 of the enactment of this Act.

Æ
**EXHIBIT 32.1****CERTIFICATION**     In connection with the quarterly report of Xponential, Inc. (the “Company”) on Form 10-QSB forthe quarter ended September 30, 2006, as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Dwayne A. Moyers, the Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:          1. The Report fully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and          2. The information contained in this Report fairly presents, in all material respects, thefinancial conditions and results of operations of the Company.     Date: November 13, 2006 /s/ Dwayne A. Moyers         Dwayne A. Moyers    Chief Executive Officer
Exhibit 31.1


Rule 13a-14(d) Certification





I, In-Young Chase, certify that:





1.           I have reviewed this annual report on Form 10-K, and all reports on Form 8-K containing distribution or servicing reports filed in respect of periods included in the year covered by this annual report, of MS Structured Asset Corp. on behalf of SATURNS Trust No. 2004-6;





2.           Based on my knowledge, the information in these reports, taken as a whole, 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 as of the last day of the period covered by this annual report;





3.           Based on my knowledge the distribution or servicing information required to be provided to the depositor by the trustee under the pooling and servicing, or similar, agreement, for inclusion in these reports is included in these reports;





4.           I am responsible for reviewing the activities performed by the depositor and the trustee under the pooling and servicing, or similar, agreement and based upon my knowledge and the annual compliance review required under that agreement, and except as disclosed in the Compliance Statement, the depositor and trustee have each fulfilled their obligations under that agreement; and





5.           The reports disclose all significant deficiencies relating to the compliance by the trustee and the depositor with the minimum servicing or similar standards based upon the report provided by an independent public accountant, after conducting a review in compliance with the Uniform Single Attestation Program for Mortgage Bankers or similar procedure, as set forth in the pooling and servicing, or similar, agreement, that is included in these reports.





In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated party:  U.S. Bank as successor-in-interest to Bank of America, National Association and its officers and agents.








By:          /s/ In-Young Chase
 Name:     In-Young Chase
 Title:       Vice President
 Date:       March 26, 2013