instruction:
In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
of the original note because the endorsement on the note in evidence did not match the endorsements on the copy of the note attached to the complaint. As argued by OneWest, the Cummings presented no testimony or evidence to contradict Mr. Den-son’s testimony that the note in evidence was the original note acquired by OneWest in May 2010. Likewise, the Cummings’ argument regarding the validity of the assignment of mortgage from MERS to In-dyMac is not relevant to OneWest’s standing to foreclose. Because the evidence showed that OneWest possessed the original note endorsed in blank at the time it filed the complaint, its standing is established from its status as the note holder regardless of any recorded assignments. See Stone v. BankUnited, 115 So.3d 411, 413 (Fla. 2d DCA 2013) (<HOLDING>) (quoting Mazine v. M & I Bank, 67 So.3d 1129, 
 Holding statements: (A) holding that there is no impermissible modification of the note because the very terms of the note allow for prepayment without a penalty (B) holding that the holder of the note must act in a manner that effectively provides notice that the holder has exercised his option (C) holding that because a mortgage provides the security for the repayment of the note the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder (D) holding that where a mortgagee is acting on behalf of the note holder there is no disconnection between note and mortgage and the mortgagee may foreclose (E) holding that the note and the mortgage must coexist to give the mortgage validity
answer:
holding that there is no impermissible modification of the note because the very terms of the note allow for prepayment without a penalty


question:
abused its discretion by providing an unreasonable characterization of the record evidence. See McElwee, 896 A.2d at 18 & nn. 7-8. While SEPTA claims that this, too, necessarily entailed unwarranted fact-finding on the part of the Commonwealth Court, we believe that it aligns with the approach utilized in Sienkiewicz I, wherein this Court not only determined that no record evidence existed to support a particular factual finding central to the trial court’s decision to grant relief (i.e., that Penn-DOT had installed curbing along the “Stafford Straightaway”), but proceeded to delineate the essential facts that were proved by the uncontradicted record evidence in ultimately agreeing with Penn-DOT’s position that relief was unjustified. See Sienkiewicz I, 584 Pa. at 282, 883 A.2d at 502 (<HOLDING>). Under the circumstances of this case, then, 
 Holding statements: (A) recognizing that the evidence establishes that direct access to landowners property was always from the stafford straightaway factually there was never any direct access from the stafford curve rather this portion of the roadway like davis street and the route 81 ramps was merely part of an adjacent road system providing a convenient flow of traffic in the direction of landowners property (B) holding a landowner not liable for an accident on a country road caused by a tree which fell from the landowners property (C) recognizing distinction and allowing recovery for impairment of access and not obstructed flow of traffic (D) holding that the landownerlicensee relationship ceased when the licensee left the landowners property (E) holding in an inverse condemnation case that the abutting landowners right of direct access was subservient to the city of portlands proper exercise of its governmental powers for purposes of public safety and convenience and that the elimination of access from the landowners property to the affected street did not constitute a taking
answer:
holding a landowner not liable for an accident on a country road caused by a tree which fell from the landowners property


question:
or instructions.” Rule 27.4, Ala. R.Crim. P. The circuit court filed its “Amendment to Probation Order” before the five-year maximum probationary period had expired. However, the amendment did not include an order to show cause or allege that the appellant had violated any conditions, regulations, or instructions of her probation. Rather, it simply indicated that the circuit court had spoken to the appellant’s probation officer. Because it was not an overt or affirmative action that officially began the revocation proceedings, the circuit court’s “Amendment to Probation Order” was not sufficient to initiate revocation proceedings and toll the running of the appellant’s probationary period. See Rule 27.4(a), Ala. R.Crim. P.; Watkins v. State, 455 So.2d 160 (Ala.Crim.App.1984) (<HOLDING>). Finally, the appellant’s probation officer 
 Holding statements: (A) holding that the general rules of preservation apply in probation revocation proceedings (B) recognizing right of allocution in probation revocation proceedings (C) holding that probation revocation proceedings are clearly not criminal proceedings (D) holding that a notation in the probation officers file that watkins was delinquent was not sufficient to initiate revocation proceedings and to toll the running of watkins probationary period (E) holding that the failure to satisfactorily meet the conditions of probation is not the legal equivalent of absconding and does not toll the probationary period
answer:

holding that the general rules of preservation apply in probation revocation proceedings