alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.37
                                                                  -------------
                                 PROMISSORY NOTE

$250,000                                                       November 9, 2000

         FOR VALUE RECEIVED, the undersigned, HEARTSOFT, INC., a Delaware
corporation, promises to pay to the order of ALAN W. CARLTON REVOCABLE LIVING
TRUST ("Holder"), on the earlier of May 9, 2001, or five (5) business days after
Heartsoft shall have received equity investments or debt financing equal to or
in excess of $750,000, at such place as may be designed in writing by Holder,
the principal sum of Two Hundred Fifty Thousand and No/100 Dollars ($250,000),
together with interest thereon from the date hereof until maturity at a per
annum rate equal to 6.15%.

         While any default exists hereunder, the entire unpaid balance of
principal and accrued interest shall, from the date of such default, thereafter
bear interest at 15% per annum until paid.

         Upon default in any of the terms or conditions of this Note or of the
Joint Security Agreement of even date, at the option of the Holder, the entire
indebtedness hereby evidenced shall become due, payable and collectible then or
thereafter as the Holder may elect, regardless of the date of maturity hereof.

         The undersigned agrees that if, and as often as, this Note is placed in
the hands of an attorney for collection or to defend or enforce any of the
Holder's rights hereunder, the undersigned will pay to the Holder its reasonable
attorney fees, together with all court costs and reasonable expenses paid by
Holder.

         This Note is to be construed according to the laws of the State of
Oklahoma.

         The makers, endorsers, sureties, guarantors and all other persons who
may become liable for all or any part of this obligation severally waive
presentment for payment, protest and notice of nonpayment. Said parties consent
to any extension of time (whether one or more) of payment hereof, release of all
or any part of the security for payment hereof, or release of any party liable
for payment of this obligation. Any such extension or release may be made
without notice to any such party and without discharging said party's liability
hereunder.

         The undersigned may prepay this Note in whole or in part at any time
from time to time without premium or penalty but with interest to the date of
payment on the amount prepaid.

         This Note is secured by a security interest in certain collateral
pursuant to a Joint Security Agreement of even date. This Note, the Joint
Security Agreement, that certain Letter Agreement of even date between the
undersigned and Holder shall govern the rights of the parties hereto and
thereto.

         Executed on this 9th day of November, 2000.

                             HEARTSOFT, INC.


                             By /s/ Benjamin P. Shell
                                ---------------------------------
                                 Benjamin Shell, Chairman and CEO
#### Hopkins, Smith, etc., *v.*R. J. Stoner et al.

Adverse Possession — Sufficiency of Possession.

To .acquire title by adverse possession, tbe possession must have been such as to authorize ejectment every day of the alleged possession.

APPEAL FROM BULLITT 'CIRCUIT COURT.

January 10, 1873.

Opinion by

Judge Lindsay :

It is not proved that the parties under whom1 the Stoners claim and the heirs-at-law of John Hoglan, deceased, and as this fact is denied in the answer of appellants, it was necessary to establish its existence in order to authorize the relief granted.

Besides this, appellees do not pretend that they or those under whom- they claim, hold title by regular conveyances to the fifty acres of land in controversy. There is evidence conducing to show that Ben Doom, deceased, sold by oral contract to John Hoglan, and after an actual survey authorized him to take possession; that he afterwards executed to him a receipt for a sum' of money in full satisfaction of the purchase price for fifty acres, of land, which we may infer was the land involved in this litigation. If that receipt be regarded as a bond for title it is certain that no conveyance was ever made pursuant to it.

The witnesses speak in general terms of an actual possession by Hoglan and his heirs and the ancestor of these appellees, but when they come to explain, it very clearly appears that -the land never has been actually seized and possessed by any of them. There never was a building or enclosure upon it. The Hoglans asserted claim1 to it, and their claim was recognized by Doom, but there never was a day so far as the evidence shows that an action of ejectment could have been maintained against them: As limitation will not bar an ejectment unless there has been such an actual adverse possession the requisite length of time, as to' have furnished a cause of action every day. *(Jones v. McCauley, 2*Duvall 15); neither will any other character of holding be deemed sufficient to *287enable the party claiming by prescription to maintain an action to enjoin persons from trespassing upon the land claimed.

*John E. Newman, for appellant.*

*A. H. Field, for appellees.*

We are of opinion that the circuit court erred in perpetuating the injunction in this cause. Its judgment is reversed and the cause remanded with instructions to dismiss appellees’ petition.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                             907
<SECURITIES>                                         0
<RECEIVABLES>                                   13,289
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                24,591
<PP&E>                                           7,167
<DEPRECIATION>                                   3,180
<TOTAL-ASSETS>                                  83,816
<CURRENT-LIABILITIES>                           16,821
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             9
<OTHER-SE>                                      66,924
<TOTAL-LIABILITY-AND-EQUITY>                    83,816
<SALES>                                         19,605
<TOTAL-REVENUES>                                19,605
<CGS>                                           13,252
<TOTAL-COSTS>                                   13,252
<OTHER-EXPENSES>                                 7,274
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 132
<INCOME-PRETAX>                                (1,053)
<INCOME-TAX>                                     (380)
<INCOME-CONTINUING>                              (673)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (673)
<EPS-BASIC>                                      (.08)
<EPS-DILUTED>                                    (.08)


</TABLE>
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4189 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4189

   To modify and improve the funding structure of the Environmental 
                      Quality Incentives Program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2004

Mr. Lucas of Oklahoma introduced the following bill; which was referred 
                    to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
   To modify and improve the funding structure of the Environmental 
                      Quality Incentives Program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Full Enrollment Environmental 
Quality Incentives Program (FEEQIP) Act of 2004''.

SEC. 2. FUNDING OF THE ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

    Section 1241(a)(6) of the Food Security Act of 1985 (16 U.S.C. 
3821(a)(6)) is amended by striking all that follows ``chapter 4'' and 
inserting a period.
                                 <all>
```
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Luis Alberto Sigala, * From the County Court at Law

 No. 2 of Midland County,

 Trial Court No. 133,572.

Vs. No. 11-11-00357-CR * February 21, 2013

State of Texas, * Memorandum Opinion by Wright, C.J.

 (Panel consists of: Wright, C.J.,

 McCall, J., and Willson, J.)

This court has inspected the record in this cause and concludes that there is no error in 

the judgment below. Therefore, in accordance with this court’s opinion, the judgment of the 

trial court is in all things affirmed.
Sulphco Inc Ex 10.1


    
      EXHIBIT 10.1

      


      Loren
        J.
        Kalmen, CPA

      5250
        Neil
        Road, Suite 101

      Reno,
        NV
        89502

      


      November
        9, 2005

      


      Board
        of
        Directors

      SulphCo,
        Inc.

      850
        Spice
        Islands Drive

      Sparks,
        NV 89431

      


      Gentlemen:

      


      It
        has
        been my pleasure to serve with you on the board of directors of SulphCo,
        Inc.

      


      It
        is
        also with pleasure that I step down from the board, and from the audit
        committee, in order to accept the position of the Chief Financial Officer
        of
        SulphCo, Inc.

      


      I
        look
        forward to a long-standing and rewarding relationship with SulphCo, Inc.
        and its
        board in my new position. 

       

      I
        am
        available for the transition at your earliest convenience. Thank
        you.

      


      


      Sincerely,

      
 

      /s/
        Loren
        J. Kalmen

        
          

        

      

      Loren
        J.
        Kalmen
<PAGE>   1
                                                                    EXHIBIT 23.5

                       CONSENT OF INDEPENDENT ACCOUNTANTS

         We consent to the incorporation by reference in this registration
statement on Form S-8 of our report dated February 3, 1997 on our audit of the
consolidated financial statements of Midcontinent Broadcasting Co. of Wisconsin,
Inc. as of December 31, 1996 and for the year then ended.



/s/ PricewaterhouseCoopers LLP

Milwaukee, Wisconsin
July 22, 1998
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM UNAUDITED
QUARTERLY FINANCIAL STATEMENTS OF HEARTSOFT, INC., AS OF JUNE 30, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
           
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                         552,533
<SECURITIES>                                         0
<RECEIVABLES>                                  280,103
<ALLOWANCES>                                         0
<INVENTORY>                                     12,874
<CURRENT-ASSETS>                               963,715
<PP&E>                                         188,060
<DEPRECIATION>                                  76,342
<TOTAL-ASSETS>                               1,783,411
<CURRENT-LIABILITIES>                          292,692
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      6,550
<COMMON>                                         2,512
<OTHER-SE>                                   1,444,589
<TOTAL-LIABILITY-AND-EQUITY>                 1,783,411
<SALES>                                        459,196
<TOTAL-REVENUES>                               457,546
<CGS>                                          185,372
<TOTAL-COSTS>                                  185,372
<OTHER-EXPENSES>                               213,309
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              12,367
<INCOME-PRETAX>                                 46,468
<INCOME-TAX>                                     6,975
<INCOME-CONTINUING>                             39,523
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    39,523
<EPS-PRIMARY>                                      .01
<EPS-DILUTED>                                      .01
             

</TABLE>
**Exhibit 31.1**

 

**Certification of Chief ExecutiveOfficer**

**Pursuant to Rules 13A-14 and 15D-14**

**Of the Securities Exchange Act of1934**

 

I, Thomas S.Bednarik, President and Chief Executive Officer of Time America, Inc. (the“Company”), certify that:

 

(1)           I have reviewed thisQuarterly Report on Form 10-QSB for the quarter ended December 31, 2003(the “Report”);

 

(2)           Basedon my knowledge, the Report does not contain any untrue statement of a materialfact or omit to state a material fact necessary in order to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading; and

 

(3)           Basedon my knowledge, the financial statements, and other financial informationincluded in the Report, fairly present in all material respects the financialcondition and results of operations of the Company as of, and for, the periodsrepresented in the Report.

 

(4)           TheCompany’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Rules13a-15(e) and 15d-15(e) for the Company and have:

 

(a)           designedsuch disclosure controls and procedures to ensure that material informationrelating to the Company, including its consolidated subsidiary, is made knownto us by others within those entities, particularly during the period in whichthis Report is being prepared;

 

(b)           evaluatedthe effectiveness of the Company’s disclosure controls and procedures andpresented in the Report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by theReport based on such evaluation; and

 

(c)           disclosedin the Report any change in the Company’s internal control over financialreporting that occurred during the Company’s most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, theCompany’s internal control over financial reporting.

 

(5)           TheCompany’s other certifying officers and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theCompany’s auditors and to the audit committee of the board of directors (orpersons performing the equivalent functions):

 

(a)           allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the Company’s ability to record, process, summarize and reportfinancial information; and

 

----

 

(b)           anyfraud, whether or not material, that involves management or other employees whohave a significant role in the Company’s internal control over financialreporting.

 
| Dated:  February 12,  2004 |
|-------------------------------------------|
|                                      |
| By:                                       |   | /s/ Thomas S. Bednarik |   |
|                                      | Thomas  S. Bednarik |
|                                      | President  and Chief Executive Officer |

 

----
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4081 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4081

 To amend the Internal Revenue Code of 1986 to permit judges presiding 
  in family law proceedings to request directly taxpayer returns and 
                          return information.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 31, 2004

 Mr. Andrews 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 permit judges presiding 
  in family law proceedings to request directly taxpayer returns and 
                          return information.

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

SECTION 1. DISCLOSURE OF RETURNS AND RETURN INFORMATION TO JUDGES 
              PRESIDING IN FAMILY LAW PROCEEDINGS.

    (a) Disclosure From Internal Revenue Service.--Subsection (l) of 
section 6103 of the Internal Revenue Code of 1986 (relating to 
disclosure of returns and return information for purposes other than 
tax administration) is amended by adding at the end the following new 
paragraph:
            ``(21) Disclosure of return information to the court in 
        family law proceedings.--
                    ``(A) Disclosure from irs.--The Secretary shall, 
                upon request by an order from a State or local court, 
                disclose returns and return information to such court 
                for purposes of, and only to the extent necessary in, 
                family law proceedings in such court.
                    ``(B) Disclosure from social security 
                administration.--Upon written request by an order from 
                a State or local court, the Commissioner of Social 
                Security shall disclose returns and return information 
                which have been disclosed to the Social Security 
                Administration as provided by paragraph (1) or (5) of 
                this subsection to such court for purposes of, and only 
                to the extent necessary in, family law proceedings in 
                such court.''.
    (b) Safeguards.--Paragraph (4) of section 6103(p) of such Code 
(relating to safeguards) is amended by striking ``or (20)'' each place 
it appears and inserting ``, (20), or (21)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to orders entered after the date of the enactment of this Act.
                                 <all>
```
#### Clark & Duncan, Assignees of Bank of Bowling Green, *v.*Hines and Thomas.

Bills and Notes — Presentation for Payment.

It was held that the drawers of bills were not discharged from liability to the payee because of the failure to present the bills to the drawee for payment.

APPEAL FROM WARREN CIRCUIT COURT.

March 12, 1873.

Opinion by

Judge Pryor:

There was n0‘ attempt to sustain the plea of payment by any proof whatever.

Hines and Thomas were the drawers of both bills, and obtained the money on them' by a sale and transfer to the Bank of Bowling Green.

The bills were addressed to R. H. Robinson, Louisville, Ky. The paper has long since matured and no part of the money has has ever been paid by the appellees. Robinson had no funds of the appellees with which to pay any part of the debt, *or,*if he had, it is co'nceded and also proven that every dollar of the funds he had in his hands belonging to the appellees has been withdrawn by them, and it is now argued by counsel that, because the paper was not presented to Robinson for acceptance the drawers are discharged from all .liability.

The appellees have sustained no loss by reason of the failure *557of the appellant to present the paper for acceptance. It is not pretended that Robinson owes them one cent, but is admitted that the drawers have received every dollar from Robinson with which they intended the paper should be taken up.

*Rodes ■& Ciar, J. K. Underwood, for appellants.*

*Warner Underwood■, for appellees.*

If the appellants should institute an action against Robinson no recovery can be had for the reason that he has never accepted the paper, and for the additional reason that all the funds he had belonging to Hines and Thomas have been paid them; and yet Hines and Thomas say: “Although we withdrew the funds and have never paid you your money, still we are released because you failed to present the two bills for acceptance.

Upon the, facts shown there is no doubt but what the appellant was entitled to a judgment. The judgment of the court below is reversed and cause remanded with directions to award the appellant a new trial, and for further proceedings consistent with this opinion.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4248 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                H. R. 4248

_______________________________________________________________________

                                 AN ACT

 
To amend title 38, United States Code, to increase the authorization of 
appropriations for the Secretary of Veterans Affairs to make grants to 
existing comprehensive service programs for homeless veterans, 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. SHORT TITLE.

    This Act may be cited as the ``Homeless Veterans Assistance Act of 
2004''.

SEC. 2. INCREASE IN AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
              2005.

    Section 2013 of title 38, United States Code, is amended by 
striking ``$75,000,000'' in paragraph (4) and inserting 
``$99,000,000''.

SEC. 3. PERMANENT AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO 
              OPERATE SEXUAL TRAUMA COUNSELING PROGRAM.

    Section 1720D(a) of title 38, United States Code, is amended--
            (1) in paragraph (1), by striking ``During the period 
        through December 31, 2004, the'' and inserting ``The''; and
            (2) in paragraph (2), by striking ``, during the period 
        through December 31, 2004,''.

            Passed the House of Representatives October 7 (legislative 
      day, October 6), 2004.

            Attest:

                                                                 Clerk.
108th CONGRESS

  2d Session

                               H. R. 4248

_______________________________________________________________________

                                 AN ACT

To amend title 38, United States Code, to increase the authorization of 
appropriations for the Secretary of Veterans Affairs to make grants to 
existing comprehensive service programs for homeless veterans, and for 
                            other purposes.
```