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


                                                                   EXHIBIT 10.47

This Note evidences a loan in the principal amount of Fifty One Thousand Nine
Hundred Seventy Seven Dollars and No Cents ($51,977.00) made by Howard M.
Sheridan, M.D. to Radiation Therapy Services, Inc. on _____________, 1998.

$51,977.00                                                   Fort Myers, Florida

                                PROMISSORY NOTE

         For value received, RADIATION THERAPY SERVICES, INC., a Florida
corporation ("Debtor"), promises to pay to the order of Howard M. Sheridan, M.D.
("Payee"), an individual resident of the state of Florida, at
________________________, Florida, or such address as may be specified from time
to time by the holder hereof, the principal sum of Fifty One Thousand Nine
Hundred Seventy Seven Dollars and No Cents ($51,977.00). Interest shall accrue
at the rate of eight percent (8%) per annum, compounded monthly.

         Debtor may make prepayments of principal on this Note without penalty.

         Failure of Debtor to make any payment of interest or principal when due
shall be deemed to be an event of default. It shall also be an event of default
if Debtor files a petition seeking relief, or consents to the filing or
instituting of proceedings against him, under any federal or state bankruptcy
law or other similar law, or causes, permits or consents to the appointment of,
or taking possession by, a receiver or similar official of all or substantially
all of Debtor's property. On the occurrence of an event of default, Payee may
declare the entire amount due hereunder immediately due and payable (except that
in the case of an event of default described in the immediately preceding
sentence, the entire amount due hereunder automatically shall become due and
payable), and the interest rate hereunder shall be increased from and after such
default to twelve percent (12%) per annum (but in no event in excess of the
maximum rate permitted by Florida law).

         This Note shall be binding upon Debtor and Debtor's legal
representatives, heirs and assigns. Presentation for payment, notice of
dishonor, protest and notice of protest are hereby waived.

         Debtor agrees to pay and shall pay all documentary stamp tax due on
this Note.

         In the event of any litigation arising under this Note, the
non-prevailing party shall pay the prevailing party's attorneys' fees and costs
incurred in litigation.

         This Note shall be governed by the laws of the State of Florida and may
not be changed or terminated orally.

                                           DEBTOR:
                                           RADIATION THERAPY SERVICES, INC.


                                           By: /s/ David M. Koeninger
                                              ----------------------------------
                                               David M. Koeninger
                                               CFO
Exhibit 10.11









December
16, 2008




Memorandum




To:
            Mr.
      Jerry BolesVice
      PresidentFrom:
            Curtis
      Garner, CFORe:
            Otelco
      Employment Agreement and IRS Section 409A
  Compliance




Dear
Jerry:




In order
to comply with recent changes to the final Treasury Regulations issued under
Internal Revenue Code Section 409A, your employment agreement must be amended by
December 31, 2008. By amending the agreement as described below, any
severance payments under the agreement will be exempt from the 409A deferred
compensation rules. In order to avoid the application of these rules, your
agreement must be amended to specifically state that any severance to be paid
must be paid no later than March 15 of the year following your termination.
Currently, the agreement does not specify that the amounts will be paid within a
certain time period. By making this change, your agreement will comply with the
rules under 409A that make it exempt from their application. I have attached a
copy of your current agreement for your reference. Failure to amend the
agreement by December 31, 2008, to be exempt from 409A, could result in the
amounts being subject to a 20% penalty tax.




Please
sign and return to me by December 31, 2008, this letter evidencing your
agreement with the following amendment to your employment
agreement:




Section
5(a)(iii) is amended to read as follows: “The Company shall pay to the Employee
a lump sum in the amount of one-half (1/2) of his Annual Base Salary within six
(6) months following termination but not later than March 14 of the calendar
year following termination; and”


Otelco
      Inc./s/
      Curtis L. GarnerCurtis
      L. Garner, Chief Financial
Officer




I hereby
agree to the above amendment to my employment agreement.


/s/
      Jerry C. Boles
            
            December
      17, 2008Jerry
      C. Boles
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 Access Worldwide Communications, Inc. (the Company) on Form
10-Q for the period ending September 30, 2007 as filed with the Securities and Exchange Commission on the date here of (the Report), I, Richard A. Lyew, Chief Financial 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:



| | (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/ RICHARD A. LYEW                                                                              
|Richard A. Lyew                                                                                  
|Executive Vice President and Chief Financial Officer (principal financial and accounting officer)

November 16, 2007
1

Filed 8/ 10/21 P. v. Jones CA3 NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Colusa)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

MICHAEL GENE JONES, JR.,

Defendant and Appellant. C092901

(Super. Ct. No. CR618861)

The People charged defendant Michael Gene Jones, Jr.

, with second degree

robbery and alleged that he personally used a firearm during the commission of the

crime

. Defendant pled no contest to the charge and admitted the firearm use allegation in

exchange for a stipulated sentence of nine years in state prison.

The parties stipulated the factual basis for the plea was the pre

- plea report in

Colusa County Superior Court case No. 61395

- 1, as wel l as the transcripts from

preliminary hearings in Colusa County Superior Court case s Nos. 61886

- 1 and 61395

- 1.

The pre

- plea report demonstrates that on July 5, 2019, defendant, along with another

individual, walked into a local bank and, using a gun, robb ed the bank. Defendant was

subsequently identified through DNA evidence and arrested.2

The trial court sentenced defendant to nine years in state prison, in accordance

with his plea agreement. The court also awarded defendant 393 days of custody credit

a nd ordered him to pay various fines and fees. Defendant timely appealed and was

granted a certificate of probable cause.

DISCUSSION

Appointed counsel filed an opening brief that sets forth the facts and procedural

history of the case and requests this court review the record and determine whether there

are any arguable issues on appeal. ( People v. Wende (1979) 25 Cal.3d 436.) Defendant

was advised by counsel of h is right to file a supplemental brief within 30 days from the

date the opening brief was filed. More than 30 days have elapsed, and defendant has not

filed a supplemental brief.

Having undertaken an examination of the entire record pursuant to Wende , we find

no errors that would result in a disposition more favorable to defe ndant.

DISPOSITION

The judgment is affirmed.

/s/ Robie, J.

We concur:

/s/ Blease, Acting P. J.

/s/ Renner, J.
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105TH CONGRESS

1ST SESSION H. R. 994

AN ACT

To designate the United States border station loUnited States Border Station’’. cated in Pharr, Texas, as the ‘‘Kika de la Garza
105TH CONGRESS

1ST SESSION H. R. 994

AN ACT

To designate the United States border station located in

Pharr, Texas, as the ‘‘Kika de la Garza United States

Border Station’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 994 EH

1 SECTION 1. DESIGNATION.

2 The United States border station located in Pharr,

3 Texas, shall be known and designated as the ‘‘Kika de

4 la Garza United States Border Station’’.

5 SEC. 2. REFERENCES.

6 Any reference in a law, map, regulation, document,

7 paper, or other record of the United States to the border

8 station referred to in section 1 shall be deemed to be a

9 reference to the ‘‘Kika de la Garza United States Border

10 Station’’.

Passed the House of Representatives September 23,

1997.

Attest:

Clerk.
Case 2:16-mj-01054-JFM Document 3 Filed 01/26/16 Page 1 of 3
Case 2:16-mj-01054-JFM Document 3 Filed 01/26/16 Page 2 of 3
Case 2:16-mj-01054-JFM Document 3 Filed 01/26/16 Page 3 of 3
No. 13,444.

#### The State, ex rel. Lowery, *v.*Davis et al.

Evidence. *—Deed.—Secondary JSiridence of Contents.*— A proper foundation must be laid before secondary evidence of the contents of a deed is admissible.

County *Recorder.*— •Negligence.—Nominal *Damages.*— A recorder of deeds who is guilty of a breach of duty is liable only for nominal damages, unless the plaintiff proves an actual loss.

*Same.*— IdaMlity *to Lien-Holder.*— Where a recorder negligently so records a deed, reserving a lien, as to make the amount of the lien two hundred dollars when it should be five hundred, he is not liable beyond nominal damages, unless the plaintiff proves that he can not collect the full amount of the lien from the person who assumed its payment.

From the Madison Circuit Court.

*M. A. Chipman,*for appellant.

*C. L. Henry*and *H. C. Ryan,*for appellees.

Elliott, C. J. —

This case is here for the second time. *State, ex rel.,*v. *Davis,*96 Ind. 539. The present appeal brings before us the ruling of the trial court denying a new trial.

The appellant offered evidence of the contents of a deed, but at the time the evidence was offered no foundation had been laid for the introduction of secondary evidence. There was, therefore, no error in excluding the offered testimony.

The jury returned a verdict in favor of the relator for one dollar, and his counsel insists that this finding decides all questions in his favor, and that, consequently, the assessment of the amount of recovery should have been at least three hundred dollars. We can not accept this theory. The recorder who is guilty of a breach of duty is only liable for nominal damages, unless the plaintiff proves an actual loss. ■ It is quite clear, therefore, that a verdict for nominal damages does not necessarily decide all material questions in *308favor of the plaintiff, for, on the contrary, it really decides that he suffered nothing more than a nominal injury.

Filed Feb. 13, 1889.

A plaintiff can not recover of a recorder, and the sureties on his official bond, more than nominal damages, unless he • proves an actual loss, and to prove this he must show, in such a case as this, that he could not have collected the amount of his lien from the party who assumed to pay it. In other words, where a recorder negligently so records a deed, reserving a lien, as to make the amount of the lien two hundred dollars when it should be five hundred, he is not liable beyond nominal damages, unless the plaintiff proves. that he can not collect the full amount of the lien from the person who assumed it's payment. If the person who undertook to pay remains liable and solvent, then the money must be collected from him and not from the recorder and his sureties.

Judgment affirmed.
Exhibit 31.2 – Certification pursuant to Section 302 of the Sarbanes-Oxley act of 2002
I, Todd H. Katz, certify that:
 1.  I have reviewed this quarterly report on Form 10-QSB of Tarpon Coast Bancorp, Inc.  2.  Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleading withrespect to the period covered by this report;  3.  Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the small business issuer as of, and for, theperiods presented in this report;  4.  The small business issuer’s other certifying officer(s)and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in theExchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer 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 small business issuer, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularly duringthe period in which this report is being prepared;
(b) Evaluated the effectiveness of the small business issuer’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and
(c) Disclosed in this report any change in the small business issuer’s internal controlover financial reporting that occurred during the small business issuer’s most recentfiscal quarter (the small business issuer’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely to materiallyaffect, the small business issuer’s internal control over financial reporting; and
 5.  The small business issuer’s other certifying officer(s) and I have disclosed, basedon our most recent evaluation of internal control over financial reporting, to the smallbusiness issuer’s auditors and the audit committee of the small business issuer’s board ofdirectors (or persons performing the equivalent function):
(a)All significant deficiencies and material weaknesses in the designed or operation ofinternal control over financial reporting which are reasonably likely to adverselyaffect the small business issuer’s ability to record, process, summarize and report financialinformation; and
(b)Any fraud, whether or not material, that involves management or other employees whohave a significant role in the small business issuer’s internal control over financialreporting.     Date: May 6, 2005 /s/ Todd H. Katz      Todd H. Katz   President
EXHIBIT 32



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 Annual Report of Ambient Corporation (the "Company") on Form 10-Q for the quarter ended September 30, 2008 (the "Report") filed with the Securities and Exchange Commission, I, John J. Joyce, President and Chief Executive Officer (Principal Executive Officer and Principal Financial and Accounting 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:

1.

he Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and,

2.

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the periods expressed in the Report.

Date: November 14, 2008



| |     |                                                                                                     
| | --- | ----------------------------------------------------------------------------------------------------
| |     |                                                                                                     
| |     |                                                                                                     
| | By: | /s/ J OHN J. J OYCE                                                                                 
| |     | John J. Joyce                                                                                       
| |     | Chief Executive Officer (Principal Executive Officer and Principal Financial and Accounting Officer)



A certification furnished pursuant to this Item will not be deemed filed for purposes of section 18 of the Exchange Act (15 U.S.C. 78r), or otherwise subject to the liability of that section. Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, except to the extent that the small business issuer specifically incorporates it by reference.
**EXHIBIT32.1**

 

**Certificateof the President and Chief Executive Officer**

**Pursuantto Section 906 of the Sarbanes-Oxley Act of 2002**

 

In connection with thequarterly report of Xponential, Inc. (the “Company”) on Form 10-QSB for thequarter ended December 31, 2003, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, John R. Boudreau, thePresident and Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

1.             The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

2.             The informationcontained in this Report fairly presents, in all material respects, the financialconditions and results of operations of the Company.

 

 
| Date: February 16,  2004 |   | /s/ John R. Boudreau                   |
|-------------------------------|--------|----------------------------------------|
|                          |   | John R. Boudreau                       |
|                          |   | President and Chief  Executive Officer |

 

----