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paragraph (A)(i) if the property is specified in any security agreement with respect to such loan and the Secretary determines that the value of such property should be

included for purposes of this section. (3) Value of the restructured loan

Subsecs. (c), (d), (g). Pub. L. 102-237, $ 501(g)(2), substituted "borrower-owner" for "borrower" wherever appearing.

EFFECTIVE DATE OF 1992 AMENDMENT Section 516(1)(2) of Pub. L. 102-552 provided that: "The amendment made by paragraph (1) of this subsection (amending this section) shall take effect at the same time as the amendments made by section 501(f) of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 (Public Law 102-237; 105 Stat. 1867) (amending section 1985 of this title) took effect."

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 701(h)(2) of Pub. L. 102-237 to any provision specified therein effective as if includ. ed in act that added provision so specified at the time such act became law, see section 1101(c) of Pub. L. 102-237, set out as a note under section 1421 of this title.

[See main edition for text of (A) and (B)]
(C) Debt service margin
(i) Assumption

For the purpose of assessing under sub-
paragraph (A) the ability of a borrower to
meet debt obligations and continue farm-
ing operations, the Secretary shall assume
that the borrower needs up to 105 percent
of the amount indicated for payment of
debt obligations.
(ii) Available income

If an amount up to 105 percent of the debt payments of the borrower has been earmarked for such payments, the Secretary shall consider the income of the bor rower to be adequate to meet the debt ob

ligations of the borrower. (4) Notification

Within 90 days after receipt of a written request for restructuring from the borrower, the Secretary shall

8 2001. Debt restructuring and loan servicing

[See main edition for text of (a)] (b) Eligibility

To be eligible to obtain assistance under subsection (a) of this section

(1) the delinquency must be due to circumstances beyond the control of the borrower, as defined in regulations issued by the Secretary, except that the regulations shall require that, if the value of the assets calculated under subsection (c)(2)(A)(ii) of this section that may be realized through liquidation or other methods would produce enough income to make the delinquent loan current, the bor. rower shall not be eligible for assistance under subsection (a) of this section;

[See main edition for text of (2) to (4)] (c) Restructuring determinations

[See main edition for text of (1)] (2) Recovery value

For the purpose of paragraph (1), the recovery value of the collateral securing the loan shall be based on

(A)(i) the amount of the current appraised value of the interests of the borrower in the property securing the loan; plus

(ii) the value of the interests of the borrower in all other assets that are

(I) not essential for necessary family living expenses;

(II) not essential to the operation of the farm; and

(III) not exempt from judgment creditors or in a bankruptcy action under Fed. eral or State law; less

(B) the estimated administrative, legal, and other expenses associated with the liquidation and disposition of the loan and col. lateral, including[See main edition for text of (i) to (iii)]

(iv) other administrative and attorney's costs; plus

(C) the value, as determined by the Secretary, of any property not included in sub

[See main edition for text of (A) to (C), (5)] (6) Termination of loan obligations (A) Required conditions (i) In general

Except as provided in subparagraph (B), the obligations of a borrower to the Secretary under a restructured loan shall terminate if

(I) the borrower satisfies the require ments of paragraphs (1) and (2) of subsection (b) of this section;

(II) the value of the restructured loan is less than the recovery value; and

(III) within 90 days after receipt of the notification described in paragraph (4)(B), the borrower pays (or obtains third-party financing to pay) the Secretary an amount equal to the recovery

value. (ii) Limited applicability of good faith require

ment Clause (i)(I) shall not apply to any offer of net recovery buyout made by the Secretary under this section before November 28, 1990, unless the Secretary, before such date, determined that the borrower involved did not act in good faith with re

spect to the loan. (B) Recapture (i) Authority to require borrower to enter into

agreement before terminating loan obliga.

tions
(I) In general

The Secretary may require, as a condition of the termination of loan obliga

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(i) if the property is spec Ey agreement with resper d the Secretary determine e of such property shudi urposes of this section.

structured loan

ion for text of (A) and (B)
margin

·

rpose of assessing under s ■) the ability of a borrowe ligations and continue fin s, the Secretary shall assis ower needs up to 105 pe nt indicated for paymen

ons.

come

nt up to 105 percent of 2
ts of the borrower has be
r such payments, the Sem
sider the income of the
dequate to meet the debt
e borrower.

after receipt of a written is cturing from the borrowe

11

for text of (A) to (C), (5

oan obligations

litions

ovided in subparagraph # ; of a borrower to the Se restructured loan shall te

rower satisfies the requis agraphs (1) and (2) of su this section; ue of the restructured i le recovery value; and 1 90 days after receipt! on described in paragra orrower pays (or obra nancing to pay) the Secr int equal to the recove

cability of good faith requi

hall not apply to any fe
buyout made by the

is section before Nover
less the Secretary, bear
rmined that the borrow
act in good faith with t

L

tions under this paragraph, that the borrower enter into an agreement with the Secretary providing that if the borrower sells or otherwise conveys the real property used to secure such loan within 10 years after the date of such agreement, and realizes a gain on such sale or conveyance over the amount of the recovery value of the loan, then the Secretary may recapture part or all of the difference between the recovery value of the loan and the fair market value (on the date of such sale or conveyance) of the property securing the loan.

(II) Limitation on recapture amount

The agreement described in subclause (I) shall not provide for recapture of an amount that exceeds the difference between such recovery value and the outstanding balance of principal and interest owed on the loan immediately prior to the termination of any loan obligations under this paragraph.

(ii) Treatment of intrafamily transfers

For purposes of clause (i)(I), transfer of title to a property, on the death or retirement of the borrower, to a spouse or child of the borrower who is actively engaged in farming on the property shall not be treated as a sale or conveyance.

(7) Negotiation of appraisal

(A) In general

In making a determination concerning restructuring under this subsection, the Secretary, at the request of the borrower, shall enter into negotiations concerning appraisals required under this subsection with the borrower.

(B) Independent appraisal

If the borrower, based on a separate current appraisal, objects to the decision of the Secretary regarding an appraisal, the borrower and the Secretary shall mutually agree, to the extent practicable, on an independent appraiser who shall conduct another appraisal of the borrower's property. The average of the two appraisals that are closest in value shall become the final appraisal under this paragraph. The borrower and the Secretary shall each pay one-half of the cost of the independent appraisal.

[See main edition for text of (d) to (k)] (2) Partial liquidations

If partial liquidations are performed (with the prior consent of the Secretary) as part of loan servicing by a guaranteed lender under this chapter, the Secretary shall not require full liquidation of a delinquent loan in order for the lender to be eligible to receive payment on losses.

quire borrower to enter ore terminating loan oblig

y may require, as a cond mination of loan oblip

(m) Disposition of normal income security

For purposes of subsection (b)(2) of this section, and subparagraphs (A)(i) and (C)(i) of section 1985(e)(1) of this title, if a borrower

(1) disposed of normal income security pri to October 14, 1988, without the consent the Secretary; and

(2) demonstrates that

(A) the proceeds were utilized to pay e sential household and farm operating e penses; and

(B) the borrower would have been ent tled to a release of income proceeds by th Secretary if the regulations in effect on N vember 28, 1990, had been in effect at th time of the disposition,

the Secretary shall not consider the borrowe
to have acted without good faith to the exten
of the disposition.

(n) Only 1 write-down or net recovery buy-out pe
borrower for loan made after January 6, 1988
(1) In general

The Secretary may provide for any one bor rower not more than 1 write-down or net re covery buy-out under this section with re spect to all loans made to the borrower afte January 6, 1988.

(2) Special rule

For purposes of paragraph (1), the Secre tary shall treat any loan made on or befor January 6, 1988, with respect to which a re structuring, write-down, or net recovery buy out is provided under this section after such date, as a loan made after such date.

(0) Liquidation of assets

The Secretary may not use the authority pro vided by this section to reduce or terminate any portion of the debt of the borrower that the borrower could pay through the liquidation of assets (or through the payment of the loar value of the assets, if the loan value is greater than the liquidation value) described in subsec tion (c)(2)(A)(ii) of this section.

(p) Lifetime limitation on debt forgiveness per bor

rower

The Secretary may provide not more than $300,000 in principal and interest forgiveness under this section per borrower.

(As amended Pub. L. 101-624, title XVIII § 1816(a)-(d), (f)-(h), Nov. 28, 1990, 104 Stat 3826-3828; Pub. L. 102-237, title V, § 501(h) Dec. 13, 1991, 105 Stat. 1868.)

REFERENCES IN TEXT

For definition of "this chapter", referred to in sub secs. (a), (c)(5), and (1), see note set out under section 1921 of this title.

AMENDMENTS

1991-Subsec.

(c)(6)(A)(ii). Pub. L. 102-237 § 501(h)(1), substituted "November 28, 1990" for "the date of enactment of this paragraph".

Subsec. (m). Pub. L. 102-237, § 501(h)(2), substituted "section 1985(e)(1)” for “section 1985(e)(1)(A)”.

1990-Subsec. (b)(1). Pub. L. 101-624, § 1816(a), in serted before semicolon at end", except that the regu lations shall require that, if the value of the assets cal culated under subsection (c)(2)(A)(ii) of this section that may be realized through liquidation or othe methods would produce enough income to make the delinquent loan current, the borrower shall not be eli

tion".

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gible for assistance under subsection (a) of this sec- "(c) DEBT RESTRUCTURING AND LOAN SERVICING.–

"(1) IN GENERAL.-Except as provided in section Subsec. (c)(2)(A). Pub. L. 101-624, § 1816(b)(1), 353(c)(6)(A)(ii) of the Consolidated Farm and Rural amended subpar. (A) generally. Prior to amendment, Development Act 17 U.S.C. 2001(c)(6)(AXiii)] (as subpar. (A) read as follows: "the amount of the cur- added by section 1816(f) of this Act) and in pararent appraised value of the property securing the loan; graph (3) of this subsection, section 1816 of this Act less".

and the amendments made by such section 1816 Subsec. (c)(2)(B)(iv). Pub. L. 101-624, (amending this section and section 1985 of this title] § 1816(b)(2)(A), substituted "costs; plus” for “costs." shall apply to new applications submitted under sec

Subsec. (c)(2)(C). Pub. L. 101-624, § 1816(b)(2)(B), tion 353 of the Consolidated Farm and Rural Devel: added subpar. (C).

opment Act (7 U.S.C. 2001) on or after the date of Subsec. (c)(3)(C). Pub. L. 101-624, $ 1816(c), added enactment of this Act (Nov. 28, 1990). subpar. (C).

"(2) DEFINITION OF NEW APPLICATION.-As used in Subsec. (c)(4), Pub. L. 101-624, $ 1816(d), substituted paragraph (1), the term 'new application' means an "90" for "60" in introductory provisions.

application submitted by a borrower to initiate a Subsec. (c)(6). Pub. L. 101-624, $ 1816(f), amended debt restructuring consideration and not an applicapar. (6) generally. Prior to amendment, par. (6) read as tion reconsidered after an appeal or revision of the follows: "If the value of the restructured loan is less original application. than the recovery value and if, within 45 days after re- “(3) LIQUIDATION OF ASSETS.-Section 353(0) of the ceipt of the notification described in paragraph (4)(B), Consolidated Farm and Rural Development Act 17 the boi rower pays (or obtains third-party financing to U.S.C. 2001(0)) (as added by section 18160h) of this pay) the Secretary an amount equal to the recovery Act) shall not apply until the Secretary of Agricul. value, the obligations of the borrower to the Secretary ture has issued final regulations to carry out such under the loan shall terminate, except that the Secre- section 353(0). tary may require, as a condition of such termination “(d) RESTORATION OF FIRST LIEN ON STOCK. - The of loan obligations, that the borrower enter into an amendment made by section 1833 of this Act (enacting agreement with the Secretary if the borrower sells or section 2076a of Title 12 and amending section 2077 of otherwise conveys the real property used to secure Title 12) shall be effective as of January 7, 1988. such loan within 2 years after the date of such agree- "(e) REGULATIONS.-As soon as practicable after the ment. Any such agreement shall provide for the recap- date of enactment of this Act (Nov, 28, 1990) ture of part or all of the difference between the recov- "(1) the Secretary of Agriculture shall issue such ery value of the loan and the fair market value (on the regulations as are necessary to carry out subtitles A date of such agreement) of the property securing the and C of this Act (probably means subtitles A loan if the borrower realizes a gain on the sale or con- ($ $ 1801-1824) and C ($$ 1851-1854) of title XVIII of veyance over the amount of the recovery value of the Pub. L. 101-624, enacting sections 1981f and 2006a to loan. In no event shall any such agreement provide for 2006e of this title and section 494 of Title 25, amendrecapture of an amount that exceeds the difference ing this section, sections 1924, 1927, 1933, 1934, 1942, between such recovery value and the fair market value 1946, 1981, 1981d, 1982, 1983, 1983a, 1983b, 1985, of the property securing the loan on the date of such 1991, 1997, 2003, and 5106 of this title and section agreement."

492 of Title 25, enacting provisions set out as a note Subsec. (c)(7). Pub. L. 101-624, § 1816(g), added par. under section 1981f of this title, amending provisions (7),

set out as a note under section 1985 of this title, and Subsecs. (l) to (p). Pub. L. 101-624, § 1816(h), added repealing provisions set out as a note preceding secsubsecs. (1) to (p).

tion 1961 of this title) and the amendments made by

such subtitles; and EFFECTIVE DATE OF 1991 AMENDMENT

"(2) the Farm Credit Administration shall issue Amendment by Pub. L. 102-237 effective as if includ- such regulations as are necessary to carry out subed in the provision of the Food, Agriculture, Conserva- title B of this Act (probably means subtitle B tion, and Trade Act of 1990, Pub. L. 101-624, to which ($ $ 1831-1843) of title XVIII of Pub. L. 101-624, en: the amendment relates, see section 1101(b)(3) of Pub. acting section 2076a of Title 12, amending section L. 102-237, set out as a note under section 1421 of this 3132 of Title 5 and sections 2019, 2075, 2077, 2218, title.

2252, 2254, 2277a-5, 2277a-9, 22778-10, 2277a-14

,

2278a-6, 2279aa, and 2279aa-11 of Title 12, and enEFFECTIVE DATE OF 1990 AMENDMENT

acting provisions set out as a note under section 2001

of Title 12) and the amendments made by such subSection 1861 of title XVIII of Pub. L. 101-624 provid

title." ed that:

"(a) IN GENERAL.-Except as otherwise provided in this title, this title and the amendments made by this

SECTION REFERRED TO IN OTHER SECTIONS title (enacting sections 1981f and 2006а to 2006e of

This section is referred to in sections 1985, 1991, this title, section 2076a of Title 12, Banks and Bank

2001a, 2005 of this title. ing, and section 494 of Title 25, Indians, amending this section, sections 1924, 1927, 1933, 1934, 1942, 1946,

8 2001a. Debt restructuring and loan servicing for 1981, 1981d, 1982, 1983, 1983a, 1983b, 1985, 1991, 1997,

community facility loans 2003, and 5106 of this title, section 3132 of Title 5, Government Organization and Employees, sections The Secretary shall establish and implement 2019, 2075, 2077, 2218, 2252, 2254, 22772-5, 22774-9,

a program that is similar to the program estab22772-10, 22778-14, 2278a-6, 2279aa, and 2279aa-11 of

lished under section 2001 of this title, except Title 12, and section 492 of Title 25, enacting provi.

that the debt restructuring and loan servicing sions set out as notes under section 1981f of this title and section 2001 of Title 12, amending provisions set

procedures shall apply to delinquent communiout as a note under section 1985 of this title, and re- ty facility program loans (rather than delinpealing provisions set out as a note preceding section quent farmer program loans) made by the 1961 of this title) shall become effective on the date of Farmers Home Administration to a hospital or enactment of this Act (Nov. 28, 1990).

health care facility under section 1926(a) of "(b) NOTICE OF DEBT SETTLEMENT PROGRAMS.-The

this title, amendment made by section 1807(1) of this Act (amending section 1981d(b)(1) of this title) shall (Pub. L. 87-128, title III, 8 353A, as added Pub. become effective 120 days after the date of enactment L. 101-624, title XXIII, $ 2384(a), Nov. 28, 1990, of this Act (Nov. 28, 1990).

104 Stat. 4050.)

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REGULATIONS Section 2384(b) of Pub. L. 101-624 provided that: "Not later than 120 days after the date of enactment of this Act (Nov. 28, 1990), the Secretary shall promul. gate regulations, modeled after those promulgated under such section 353 [7 U.S.C. 2001), that implement the program established under section 353A of the Consolidated Farm and Rural Development Act (7 U.S.C. 2001a)."

8 2003. Target participation rates (a) Establishment

ture, Nutrition, and Forestry of the Senate, a report that describes the annual target participation rates and the success in meeting such rates. (e) Definitions (1) Socially disadvantaged group

As used in this section, the term “socially disadvantaged group" means a group whose members have been subjected to racial, ethnic, or gender prejudice because of their identity as members of a group without regard to their individual qualities. (2) Socially disadvantaged farmer or rancher

As used in this section, the term “socially disadvantaged farmer or rancher" means a farmer or rancher who is a member of a so

cially disadvantaged group. (As amended Pub. L. 101-624, title XVIII, $ 1817, title XXV, $ 2501(f), Nov. 28, 1990, 104 Stat. 3829, 4065; Pub. L. 102-554, § 21(a), (b), Oct. 28, 1992, 106 Stat. 4161.)

(See main edition for text of (1)] (2) Group population

Except as provided in paragraph (3), in establishing such target rates the Secretary shall take into consideration the portion of the population of the county made up of such groups, and the availability of inventory farmland in such county. (3) Gender

With respect to gender, target participation rates shall take into consideration the number of current and potential socially disadvantaged farmers and ranchers in a State in proportion to the total number of farmers

and ranchers in the State. (b) Reservation and allocation

[See main edition for text of (1) and (2)] (3) Indian reservations

In distributing loan funds in counties within the boundaries of an Indian reservation, the Secretary shall allocate the funds on

a reservation-wide basis. (c) Operating loans (1) Establishment

The Secretary shall establish annual target participation rates, that shall ensure that socially disadvantaged farmers or ranchers will receive loans made or insured under subchapter II of this chapter. In establishing such target rates, the Secretary shall consider the number of socially disadvantaged farmers and ranchers in a State in proportion to the total number of farmers and ranchers in that State. (2) Reservation and allocation

The Secretary shall, to the greatest extent practicable, reserve and allocate the proportion of each State's loan funds made available under subchapter II of this chapter that is equal to that State's target participation rate for use by the socially disadvantaged farmers or ranchers in that State. The Secretary shall, to the extent practicable, distribute the total so derived on a county by county basis according to the number of socially disadvantaged farmers or ranchers in the county. Any funds reserved and allocated for purposes of this paragraph, but not used shall be reallo

cated within such State. (d) Report

The Secretary shall prepare and submit, to the Committee on Agriculture of the House of Representatives and the Committee on Agricul

AMENDMENTS 1992–Subsec. (a)(2). Pub. L. 102-554, $ 21(a)(1), substituted "Except as provided in paragraph (3), in establishing" for "In establishing".

Subsec. (a)(3). Pub. L. 102-554, § 21(a)(2), added par. (3).

Subsec. (e)(1). Pub. L. 102-554, § 21(b), substituted ", ethnic, or gener" for "or ethnic".

1990–Subsec. (b)(3). Pub. L. 101-624, § 1817, added par. (3).

Subsecs. (c), (d). Pub. L. 101-624, $ 2501(f)(1)-(3), added subsec. (c), redesignated former subsec. (c) as (d), and struck out former subsec. (d) which read as follows: "As used in this section, the term 'socially disadvantaged group' means à group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities."

Subsec. (e). Pub. L. 101-624, $ 2501(f)(4), added subsec. (e).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1994, 2279 of this title.

8 2005. Payment of losses on guaranteed loans

[See main edition for text of (a)] (b) Administration (1) Loss by lender

If the lender of a guaranteed farmer program loan takes any action described in section 1981(b)(4) of this title with respect to the loan and the Secretary approves such action, then, for purposes of the guarantee, the lender shall be treated as having sustained a loss equal to the amount by which

(See main edition for text of (A) and (B)] (2) Net present value of loan

The Secretary shall approve the taking of an action described in section 1981(b)(4) of this title by the lender of a guaranteed farmer program loan with respect to the loan if such action reduces the net present value of the loan to an amount equal to not less than the greater of

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[See main edition for text of (A) and (B), (3)] (Pub. L. 87-128, title III, $ 359, as added Pub. L. (As amended Pub. L. 101-624, title XXIII,

101-624, title XVIII, § 1818(a), Nov. 28, 1990, § 2388(d)(2), Nov. 28, 1990, 104 Stat. 4053.)

104 Stat. 3829.) AMENDMENTS

REFERENCES IN TEXT 1990–Subsec. (b)(1), (2). Pub. L. 101-624 substituted

For definition of “this chapter", referred to in sub“1981(b)(4)" for "1981(d)".

secs. (a) and (c), see note set out under section 1921 of

this title. 8 2006a. Borrower training

SECTION REFERRED TO IN OTHER SECTIONS (a) In general

This section is referred to in sections 1942, 1948, The Secretary shall enter into contracts to 1949, 1981, 2006b of this title. provide educational training to all borrowers of farmer program direct and guaranteed loans

8 2006b. Loan assessments made under this chapter in financial and farm management concepts associated with commer

(a) In general cial farming.

After an applicant is determined eligible for (b) Contract

assistance under this chapter by the appropri

ate county committee established pursuant (1) In general

section 1982 of this title, the Secretary shall The Secretary may contract with State or evaluate, in accordance with regulations issued private providers of farm management and by the Secretary, the farming plan and financredit counseling services (including a com- cial situation of each qualified farmer or ranchmunity college, the extension service of a er applicant. State, a State department of agriculture, or a nonprofit organization) to carry out this sec

(b) Determinations tion.

In evaluating the farming plan and financial

situation of an applicant under this section, the (2) Consultation

Secretary shall determineThe Secretary may consult with the chief

(1) the amount that the applicant will need executive officer of a State concerning the

to borrow to carry out the proposed farming identity of the contracting organization and

plan; the process for contracting.

(2) the rate of interest that the applicant (c) Eligibility for loans

would need to be able to cover expenses and

build an adequate equity base; (1) In general

(3) the goals of the proposed farming plan Subject to paragraph (2), to be eligible to

of the applicant; obtain a direct or guaranteed loan under this

(4) the financial viability of the plan and chapter, a borrower must obtain management

any changes that are necessary to make the assistance under this section, appropriate to

plan viable; and the management ability of the borrower (as

(5) whether assistance is necessary under determined by the appropriate county com

this chapter and, if so, the amount of the asmittee established pursuant to section 1982 of

sistance. this title, during the determination of eligibility for the loan).

(c) Contract (2) Loan conditions

The Secretary may contract with a third
The need of a borrower who satisfies the

party (including those entities eligible to procriteria set out in section 1922(a)(2) or

vide borrower training under section 2006a(b)

of this title) to conduct loan assessments under 1941(a)(2) of this title for management assist

this section, ance under this section shall not be cause for denial of eligibility of the borrower for a

(d) Review of loans direct or guaranteed loan under this chapter.

(1) In general (d) Guidelines and curriculum

Loan assessments conducted under this sec The Secretary shall issue regulations estab

tion shall include biannual review of direct lishing guidelines and curriculum for the bor

loans, and periodic review (as determined netrower training program established under this

essary by the Secretary) of guaranteed loans

, section.

made under this chapter to assess the (e) Payment

progress of a borrower in meeting the goals

for the farm or ranch operation. A borrower shall pay for training received under this section, and may use funds from op- (2) Contracts erating loans made under subchapter II of this The Secretary may contract with an entity chapter to pay for the training.

that is eligible to provide borrower training (f) Waivers

under section 2006a(b) of this title to conduct The Secretary may waive the requirements of

loan reviews under paragraph (1). this section for an individual borrower on a de- (3) Problem assessments termination by the county committee that the

If a borrower is delinquent in payments on borrower demonstrates adequate knowledge in

a direct or guaranteed loan made under this areas described in this section.

chapter, the Secretary or the contracting

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