alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JU LY 9, 2019

NO. 03

- 19

- 00109

- CV

Rosa E. Santis and Rosa Santis , Appellants

v.

Travis Central Appraisal District, Appellee

APPEAL FROM THE 250TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES GOODWIN, BA KER, AND KELLY

DISMISSED FOR WANT OF JURISDICTION

-- OPINION BY JUSTICE GOODWIN

This is an appeal from the judgment signed by the tr i a l court on November 13 , 201 8

. Having

reviewed the record , it appears that the C ourt lacks jurisdiction over the appeal. Therefore, the

C ourt dismisses the appeal for want of jurisdiction. A ppellant s shall pay all co sts relating to this

appeal, both in this Court and in the court below.
#### Community Bank, N.A., Respondent, v Harusuke Naito, Appellant, et al., Defendants.

[987 NYS2d 260]

Rose, J.

Appeal from a judgment of the Supreme Court (Cerio Jr., J), entered June 6, 2013 in Otsego County, which granted plaintiff s motion for summary judgment dismissing defendant Harusuke Naito’s answer.

Defendant Harusuke Naito (hereinafter defendant) mortgaged his home in Otsego County to plaintiffs predecessor in interest in May 2000. In April 2011, plaintiff paid a long overdue tax bill for the property and notified defendant that he was in default of the mortgage agreement. Defendant was advised that the loan would be accelerated if he did not reimburse plaintiff for the amount paid in 30 days. Defendant failed to pay the requested amount, plaintiff accelerated the loan and it then commenced this action for foreclosure. After joinder of issue, Supreme Court granted plaintiffs motion for summary judgment dismissing defendant’s answer and referred the matter to a referee to conduct a sale. Defendant now appeals.

Defendant does not dispute the amount of back taxes paid, but contends that plaintiff is not entitled to summary judgment *1182because its declaration of default and acceleration of the loan did not comply with the terms of the mortgage. We cannot agree. Defendant’s argument ignores the plain language of the mortgage, which requires defendant to “pay all taxes . . . that may be imposed on the [p]roperty and that may be superior to [the mortgage].” The failure to do so gives plaintiff the right to “require[ ] immediate payment in full” and “take away all of [defendant’s] remaining rights in the [p]roperty and have [it] sold.” Plaintiff may then accelerate the loan by giving defendant notice of the default and at least 30 days from the date of the notice by which to correct it.

Plaintiff produced evidence of these terms of the mortgage and established its entitlement to summary judgment with proof that defendant failed to pay the overdue taxes and that it had mailed the notice of default to defendant as required by section 15 of the mortgage *(see PHH Mtge. Corp. v Davis,*111 AD3d 1110, 1111 [2013], *lv dismissed*23 NY3d 940 [2014]; *Charter One Bank, FSB v Leone,*45 AD3d 958, 958 [2007]). Defendant having failed to come forward with any competent or admissible evidence demonstrating the existence of any defense which could raise a triable issue of fact, Supreme Court properly granted the motion *(see Charter One Bank, FSB v Leone,*45 AD3d at 959; *HSBC Bank USA v Merrill,*37 AD3d 899, 900-901 [2007], *lv dismissed*8 NY3d 967 [2007]).

Lahtinen, J.P., McCarthy, Egan Jr. and Lynch, JJ., concur.

Ordered that the judgment is affirmed, with costs.
EXHIBIT 23.1                 



                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form
S-8  No.  33-90958)  pertaining  to the  1994  Stock  Incentive  Plan  and  1994
Director's  Stock  Option Plan of Central  Tractor  Farm & Country,  Inc. of our
report  dated  December  6, 1996,  with  respect to the  consolidated  financial
statements and schedules of Central Tractor Farm & Country, Inc. included in the
Annual Report (Form 10-K) for the year ended November 2, 1996.


                                               /s/ ERNST & YOUNG LLP

Des Moines, Iowa
January 28, 1997
EX-10.5



 Exhibit 10.5 





 
  







 



 
  

äâóìÿ âåðñèÿìè
òåêñòà Äîãîâîðà ïðåâàëèðóåò ðóññêàÿ
âåðñèÿ. 
 5.
Íàñòîÿùåå Ñîãëàøåíèå ìîæåò áûòü
ïîäïèñàíî â îäíîì èëè áîëåå ýêçåìïëÿðàõ,
êàæäûé èç êîòîðûõ äîëæåí ñ÷èòàòüñÿ
îðèãèíàëîì, è âñå â ñîâîêóïíîñòè
ïðåäñòàâëÿòü îäèí èíñòðóìåíò. 

more counterparts, each of which shall be deemed to be an original, and all of which, taken together, shall constitute one
instrument. 
 ÎÒ ÇÀÉÌÎÄÀÂÖÀ / FOR
THE CREDITOR 
 /s/ Melnikov A.V. Ìåëüíèêîâ
À.Â./Melnikov A.V. 

(Äîâåðåííîñòü 1
ÊÃÎÊ/II, IV-1 îò 07.03.2014/Power of Attorney 1 ÊÃÎÊ/II, IV-1 of 07.03.2014) 
 /s/ Orlova N.P. Îðëîâà Í.Ï./Orlova N.P. 
 Ãëàâíûé áóõãàëòåð / Chief accountant 

(Äîâåðåííîñòü 1KGOK/II-9 îò
01.04.14/Power of Attorney 1KGOK/II-9 of 01.04.14) 
 M.Ì.Ï. / Seal 

ÎÒ ÇÀÅÌÙÈÊÀ / FOR THE BORROWER 

/s/ Glenda Minor 
 M.Ì.Ï. / Seal
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Page 48513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22624]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION


Notice of Agreement Filed

    The Commission hereby gives notice of the filing of the following 
agreement under the Shipping Act of 1984. Interested parties may submit 
comments on the agreement to the Secretary, Federal Maritime 
Commission, Washington, DC 20573, within twelve days of the date this 
notice appears in the Federal Register. A copy of the agreement is 
available through the Commission's Web site (www.fmc.gov) or by 
contacting the Office of Agreements at (202)-523-5793 or 
<a href="/cdn-cgi/l/email-protection#f08482919495919e919c89839983b0969d93de979f86"><span class="__cf_email__" data-cfemail="2d595f4c49484c434c41545e445e6d4b404e034a425b">[email protected]</span></a>.
    Agreement No.: 011383-048.
    Title: Venezuelan Discussion Agreement.
    Parties: Hamburg-S[uuml]d; King Ocean Services Limited, Inc.; and 
Seaboard Marine Ltd.
    Filing Party: Wayne R. Rohde, Esq.; Cozen O'Conner; 1200 19th 
Street NW., Washington, DC 20036.
    Synopsis: The amendment deletes Seafreight Line, Ltd. as a party to 
the Agreement.

    By Order of the Federal Maritime Commission.

    Dated: October 13, 2017.
JoAnne D. O'Bryant,
Program Analyst.
[FR Doc. 2017-22624 Filed 10-17-17; 8:45 am]
 BILLING CODE 6731-AA-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
I 

111TH CONGRESS 

1ST SESSION H. R. 305 

To amend title 49, United States Code, to prohibit the transportation of 

horses in interstate transportation in a motor vehicle containing two 

or more levels stacked on top of one another. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2009 

Mr. KIRK (for himself, Mr. COHEN, and Mr. WHITFIELD) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To amend title 49, United States Code, to prohibit the transportation of horses in interstate transportation in a 

motor vehicle containing two or more levels stacked on 

top of one another. 

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 ‘‘Horse Transportation 

5 Safety Act of 2009’’. 


wwoods2 on PRODPC68 with BILLS
2 

•HR 305 IH

1 SEC. 2. TRANSPORTATION OF HORSES. 

2 (a) IN GENERAL.—Chapter 805 of title 49, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 80505. Transportation of horses 

6 ‘‘(a) PROHIBITION.—No person may transport, or 

7 cause to be transported, a horse from a place in a State, 

8 the District of Columbia, or a territory or possession of 

9 the United States through or to a place in another State, 

10 the District of Columbia, or a territory or possession of 

11 the United States in a motor vehicle containing two or 

12 more levels stacked on top of one another. 

13 ‘‘(b) CIVIL PENALTY.—A person that knowingly vio14 lates this section is liable to the United States Government 

15 for a civil penalty of at least $100 but not more than $500 

16 for each violation. A separate violation occurs under this 

17 section for each horse that is transported, or caused to 

18 be transported, in violation of this section. On learning 

19 of a violation, the Attorney General shall bring a civil ac20 tion to collect the penalty in the district court of the 

21 United States for the judicial district in which the viola22 tion occurred or the defendant resides or does business. 

23 ‘‘(c) MOTOR VEHICLE DEFINED.—In this section, 

24 the term ‘motor vehicle’ means a vehicle driven or drawn 

25 by mechanical power and manufactured primarily for use 


wwoods2 on PRODPC68 with BILLS
3 

•HR 305 IH

1 on public highways, but does not include a vehicle operated 

2 exclusively on a rail or rails. 

3 ‘‘(d) RELATIONSHIP TO OTHER LAWS.—The penalty 

4 provided under this section shall be in addition to a pen5 alty or remedy available under any other law or common 

6 law.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis for 

8 such chapter is amended by adding at the end the fol9 lowing: 

‘‘80505. Transportation of horses.’’. 

Æ 


wwoods2 on PRODPC68 with BILLS
#### UNITED STATES of America, Plaintiff-Appellee v. Wilson Secadia GARCIA, also known as Wilson Secaida-Garcia, Defendant-Appellant.

No. 10-40615

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 19, 2011.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Timothy William Crooks, Assistant Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Wilson Secadia Garcia has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Secadia Garcia has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Notices]
[Pages 48144-48145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22332]


-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #15342 and #15343; US VIRGIN ISLANDS Disaster 
Number VI-00012]


Presidential Declaration of a Major Disaster for Public 
Assistance Only for the U.S. Virgin Islands

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This is a Notice of the Presidential declaration of a major 
disaster for Public Assistance Only for the US Virgin Islands (FEMA-
4340-DR), dated 10/05/2017.
    Incident: Hurricane Maria.
    Incident Period: 09/16/2017 and continuing.

DATES: Issued on 10/05/2017.
    Physical Loan Application Deadline Date: 12/04/2017.
    Economic Injury (EIDL) Loan Application Deadline Date: 07/05/2018.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT:  A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street SW., 
Suite 6050, Washington, DC 20416, (202) 205-6734.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the President's major disaster declaration on 10/05/2017, Private Non-
Profit organizations that provide essential services of a governmental 
nature may file disaster loan applications at the address listed above 
or other locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties: Saint Croix, Saint John, Saint Thomas.


[[Page 48145]]


    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
  Non-Profit Organizations with Credit Available Elsewhere...      2.500
  Non-Profit Organizations without Credit Available Elsewhere      2.500
For Economic Injury:
  Non-Profit Organizations without Credit Available Elsewhere      2.500
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 153428 
and for economic injury is 153430.

(Catalog of Federal Domestic Assistance Number 59008)

Rafaela Monchek,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. 2017-22332 Filed 10-13-17; 8:45 am]
 BILLING CODE 8025-01-P
Exhibit
32.2





CERTIFICATION
18 U.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, and in connection with the filing by Intermost
Corporation, a Wyoming Corporation (the “Company”) with the Securities and
Exchange Commission of its Quarterly Report on Form 10-QSB for the three months
ended March 31, 2008 (the “Report”), the undersigned, Thomas Lee, Chief
Financial Officer of the Company, does hereby certify, that to the best of his
knowledge:





(1)
            The
      Report fully complies with the requirements of Section 13(a) or 15(d), as
      applicable, 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.





This certification is being provided
pursuant to 18 U.S.C. 1350 and is not to be deemed a part of this Report, nor is
it to be deemed to be “filed” for any purpose whatsoever.





Date:  May
10, 2008








By:       /s/ Thomas Lee


Thomas
Lee,


Chief
Financial Officer





A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.
**Exhibit 32**Certification of the Principal Executive OfficersPursuant to 18 U.S.C. 1350(Section 906 of the Sarbanes-Oxley Act of 2002)We, Morris H. Wheeler, the President and Chief Executive Officer and Robert W. Pawlak, the ChiefFinancial Officer of Cohesant Technologies Inc. (the “Company”), certify that to the best of ourknowledge, based upon a review of the Company’s Annual Report on Form 10-KSB/A for the year endedNovember 30, 2005 (the “Report”):(1) The Report fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and(2) The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.      /s/ Morris H. Wheeler   Morris H. WheelerPresident and Chief Executive OfficerJune 30, 2006        /s/ Robert W. Pawlak   Robert W. PawlakChief Financial OfficerJune 30, 2006
exh10_1.htm


 










Exhibit 10.1


 



Description of Senior Management Bonus Program


 


(as amended on December 8, 2014)


 


The following is a description of the senior management bonus program, as adopted by the compensation committee (the “Committee”) of the board of directors of Houston Wire & Cable Company (the “Company”) on December 8, 2014.  The bonus program provides for the payment of discretionary annual cash bonuses to employees who are considered senior management level.  The bonus program is administered by the Committee, which has full authority to select participants, set bonus amounts and fix performance targets.  The Company’s board of directors receives a report from the Committee of all awards granted and targets established.


 


Beginning in 2015, the bonus is based on a single performance incentive measure: EBITDA (net income, plus interest expense, income tax provision, depreciation and amortization).  For each participant, the potential bonus award is based on the employee’s salary for the year with respect to which the bonus is payable (the “Bonus Year”) and the Company’s performance as against three EBITDA measures set by the Committee for the Bonus Year – “threshold,” “target” and “stretch.” If the Company achieves the EBITDA “threshold” amount, then the participant qualifies to receive a cash bonus equal to 10% of his or her salary; if the Company achieves the EBITDA “target” amount, the bonus will increase to 25% of base salary, and if the Company achieves the “stretch” amount, the bonus will be 50% of base salary, which is the maximum bonus payable under the program.  EBITDA performance between specified amounts will result in a bonus calculated on a straight line basis between the percentages that would apply at the specified amounts.  If the Company’s EBITDA is less than the threshold amount for the Bonus Year, no cash bonus will be payable under the program.  All bonuses are payable the year following the Bonus Year, after receipt of (and subject to) the audit of the financial statements for the Bonus Year.


 


The Committee retains full discretion to adjust the EBITDA amounts for a particular Bonus Year in the event the Company makes an acquisition during the Bonus Year or to reflect unusual items.


 


No award will be paid for any full or partial year to a participant whose employment with the Company terminates prior to the time the bonus is paid.  In all cases the payment is in the discretion of the Committee, and the Committee retains the right to terminate a participant’s participation in the bonus program at any time, in which case no bonus will be paid.


 


The Chief Executive Officer’s bonus, as described in his employment contract, is based on performance targets established by the Committee and board of directors each year.
I 

111TH CONGRESS 

1ST SESSION H. R. 2775 

To prohibit, as a banned hazardous substance, certain household dishwashing 

detergent containing phosphorus. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2009 

Mr. HIGGINS (for himself, Mr. HINCHEY, Mr. MCGOVERN, Mr. JACKSON of 

Illinois, and Ms. MCCOLLUM) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To prohibit, as a banned hazardous substance, certain 

household dishwashing detergent containing phosphorus. 

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

3 SECTION 1. FINDINGS. 

4 Congress finds that— 

5 (1) phosphorus loading of surface waters can 

6 stimulate the growth of weeds and algae, and that 

7 such growth can have adverse environmental, health, 

8 and aesthetic effects; 

9 (2) household detergents contribute to phos10 phorus loading, and limits on detergents containing 


jbell on PROD1PC69 with BILLS
2 

•HR 2775 IH

1 phosphorus can significantly reduce the discharge of 

2 phosphorus into the surface and ground waters; 

3 (3) household detergents containing no or very 

4 low phosphorus are readily available, and over 30 

5 percent of the United States population lives in 

6 areas with a ban on detergents containing phos7 phorus; 

8 (4) phosphorus limits on household detergents 

9 can significantly reduce treatment costs at those 

10 sewage treatment facilities that remove phosphorus 

11 from the waste stream; 

12 (5) while significant reductions of phosphorus 

13 from laundry detergent have been accomplished 

14 without Federal regulation, similar progress in re15 ducing phosphorus contributions from dishwashing 

16 detergents has not been achieved; and 

17 (6) detergents containing no or very low phos18 phorus are not readily available for commercial and 

19 industrial use, and this Act is not intended to affect 

20 the sale or distribution of such items. 

21 SEC. 2. PHOSPHORUS IN DISHWASHING DETERGENT. 

22 (a) REGULATION AS A BANNED HAZARDOUS SUB23 STANCE.—Not later than 270 days after the date of enact24 ment of this Act, the Consumer Product Safety Commis25 sion, pursuant to section 3 of the Federal Hazardous SubVerDate Nov 24 2008 06:07 Jun 10, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2775.IH H2775

jbell on PROD1PC69 with BILLS
3 

•HR 2775 IH

1 stances Act (15 U.S.C. 1262), shall issue regulations de2 claring dishwashing detergent intended for individual 

3 household use that contains phosphorus to be a banned 

4 hazardous substance under such Act. 

5 (b) DEFINITION.—As used in this Act and for pur6 poses of the regulations required under subsection (a), the 

7 term ‘‘dishwashing detergent intended for individual 

8 household use’’ means any soap or detergent marketed for 

9 the purpose of washing dishes and intended for use in indi10 vidual households. 

Æ 


jbell on PROD1PC69 with BILLS