Joins five senators in letter urging the Administration to protect consumers

WASHINGTON, D.C. - Senator Tom Harkin (D-IA) joined five senators today in sending a letter to the Administration urging agencies to use their authority to address the burgeoning crisis in foreclosure processing.  In recent weeks, there have been widespread news reports of improper and inaccurate review of foreclosure documents and disregard for required procedure, which has led to the suspension of an estimated 200,000 foreclosure proceedings nationwide.  Last Friday, Senator Harkin sent a letter to Iowa's leading mortgage servicers supporting Attorney General Tom Miller's request that they stop processing foreclosures in Iowa until a systemic review of procedure can be conducted.

"The emerging details of the abusive and fraudulent practices of some mortgage servicers hurt not just American consumers trying to make ends meet, but also those buying foreclosed homes and the housing marketplace," Harkin said. "In the interest of American families, I encourage the Administration and regulators to use their authority to isolate the bad actors and stamp out these abuses, not just to restore balance to the marketplace, but to prevent widespread damage to the economy as a whole."

The full text of the letter the senators sent to the Administration follows.  

October 14, 2010

The Honorable Timothy Geithner
Secretary
United States Department of the Treasury
1500 Pennsylvania Avenue, N.W.
Washington, D.C.  20220

The Honorable Shaun Donovan
Secretary
United States Department of Housing and Urban Development
451 7th Street, S.W.
Washington, D.C.  20410

The Honorable Benjamin S. Bernanke
Chairman
Board of Governors of the Federal Reserve
Washington, D.C.  20551

The Honorable Jon Leibowitz
Chairman
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, D.C.  20580

Mr. John Walsh
Acting Comptroller of the Currency
Administrator of National Banks
Washington, D.C.  20219

Mr. Edward DeMarco
Acting Director
Federal Housing Finance Administration
1700 G Street, N.W., 4th Floor
Washington, D.C.  20552

Dear Secretary Geithner, Secretary Donovan, Chairman Bernanke, Chairman Leibowitz, Mr. Walsh, and Mr. DeMarco:

You are no doubt aware of the recently reported improprieties in the foreclosure processes employed by some of our nation's largest mortgage servicers.  Unfortunately, these reports are consistent with complaints that we have heard from our constituents alleging behavior on the part of servicers and foreclosure law firms, popularly referred to as "foreclosure mills," that would constitute bad faith at best, outright abuse at worst.  All of these practices raise serious questions about the integrity of mortgage servicers' loss mitigation and foreclosure processes, from their modification procedures to their foreclosure pleadings.

There have been attempts to dismiss the reported violations as minor technical paperwork errors, and to employ the defense that these were harmless errors because the homeowners were in foreclosure and would have lost their houses anyway.  These are not technicalities, they are not isolated cases - it is likely that over 200,000 foreclosures have now been suspended - and these improprieties cast doubt on the foreclosures in question.  

Rather than a few rogue employees disregarding company policy, the policies themselves were flawed, indicating that there is a systemic problem with the manner in which loss mitigation and foreclosure operations are being conducted by most, if not all, mortgage servicers.  This pattern of behavior has undermined the integrity of the housing market, creating uncertainty for home sales and the availability of title insurance.  

The systemic problems that are being uncovered in the current mortgage market are remarkably similar to the predatory practices employed during the subprime mortgage crisis.  These difficulties stem from the fact that servicers lack the proper incentives to follow basic procedures required either by mortgage contracts, pooling and servicing agreements, or state and federal laws.  Homeowners have no leverage in the modification process and federal agencies (including the Treasury Department) have yet to impose meaningful penalties.  It is time for the government to restore some sanity and oversight to the housing market.  Your agencies are in a unique position to address this problem because your agencies have various authorities over practices at bank and non-bank mortgage servicers.

First, you have the authority to require loss mitigation prior to foreclosure to eligible homeowners facing hardship, where consistent with investor interests, subject to penalty.  Such a requirement would focus servicers' efforts to assist homeowners.  It would also establish clear repercussions for servicers who fail to participate in loss mitigation in good faith.

Second, your agencies have the ability to impose your own tailored moratoriums on foreclosures for certain identified lenders, pending assurances that such lender's paperwork complies with state and federal requirements; proper ownership documentation is in order; and all contracts and loss mitigation requirements under those contracts have been followed.  The banks are focusing solely on their affidavit processes, but a more comprehensive review is required.  Failures to comply with all of these requirements should be penalized.

Finally, your agencies have the authority to review and reform the financial incentives for servicers and foreclosure mills.  Mortgage servicers have been accused of imposing unfair fee arrangements in modification contracts and foreclosure pleadings, and foreclosure mills are paid on a per-case fee basis.  These arrangements benefit the mortgage companies to the detriment of homeowners.

Congress has a role to play in addressing this crisis as well.  But your agencies have tools at your disposal to address the substantial challenges facing homeowners in the mortgage market, and you are able to respond more nimbly than Congress to this emerging crisis.  The ample record of homeowner abuse should compel you to act expeditiously in the best interest of homeowners and investors.

Thank you for considering our views.  We await your response to the ongoing developments of the foreclosure crisis.

Sincerely,

Senator Tom Harkin
Senator Sherrod Brown
Senator Barbara Boxer
Senator Mark Begich
Senator Debbie Stabenow
Senator Jeff Merkeley

Cc: Mr. Timothy Massad, Chief Counsel, Office of Financial Stability, United States Department of the Treasury
Mr. David Stevens, Commissioner, Federal Housing Administration

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Nearly $260 Million in Federal Assistance Already Approved for July Floods; Largest Amount of Disaster Assistance in State History

SPRINGFIELD - October 14, 2010. Governor Pat Quinn today urged people affected by the July floods to apply for federal disaster assistance to help them recover from the storms. The deadline for registration was extended this week to Nov. 17 after the Federal Emergency Management Agency (FEMA) approved Governor Quinn's extension request.

"With more than 1,000 applications for assistance still coming in each day, this extension will help ensure that everyone who was affected by the July floods has a chance to apply for aid," said Governor Quinn. "This disaster has impacted more people than any other in our state's history and already a historic level of federal assistance has been approved for people who were affected."

Nearly $260 million in federal assistance has already been approved to help flood victims recover, and that figure continues to increase as more applications are approved. That amount is greater than federal assistance for any other disaster in Illinois history. According to FEMA, this is also the biggest federal disaster in the history of FEMA's Region V, which includes Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin.

On Oct. 6, Governor Quinn asked the Federal Emergency Management Agency (FEMA) to extend the registration period to Nov. 17. This 30-day extension of the original Oct. 18 deadline will ensure that everyone needing help has an opportunity to apply for the aid. Since Aug. 19, when FEMA approved Governor Quinn's request for federal assistance for people and businesses affected by the floods, more than 123,000 applications have been received and nearly $260 million in assistance has been approved.

"In most cases, the number of applications dwindles considerably as the deadline nears," said Joe Klinger, Interim Director of the Illinois Emergency Management Agency. "But with so many people applying each day, we know that the need for assistance is still great. This extension will enable more people to get the help they need."

Counties included in the federal declaration for assistance to people and businesses include Cook, Carroll, DuPage, Jo Daviess, Ogle, Stephenson and Winnebago.

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Hope Manor Apartments to Provide Job Training, Support Services

CHICAGO - October 14, 2010. Governor Pat Quinn today announced a $4 million state investment to help build a housing development that will provide quality, affordable apartments and supportive services for 80 Veterans who are homeless. Approximately 75 jobs will be created during the construction of Hope Manor Apartments in Chicago.

"Our Veterans deserve to have a place to call home after sacrificing so much for our nation," said Governor Quinn. "The Hope Manor Apartments will provide safe homes for our Veterans and ensure that they receive the skills and support necessary to find stability."

Hope Manor will provide supportive housing for up to 80 Veterans who are homeless. The four-story building on Chicago's West Side will include 30 studio apartments, and 10 two-bedroom and 10 three-bedroom suites. Employment readiness classes, job training and coaching, computer training, a business resource center, a health and wellness clinic, recovery resources, individual counseling and case management will be available on the first floor of the development. Construction is expected to be completed in November 2011.

The Illinois Housing Development Authority (IHDA), the state's housing agency, invested approximately $4 million in federal Low-Income Housing Tax Credits, federal American Recovery and Reinvestment Act (ARRA) funding and Illinois Affordable Housing Tax Credits to build the development. The federal tax credits will generate an additional $8.8 million in private equity for construction of the building.

"Hope Manor Apartments demonstrates how important supportive housing is to end homelessness," said IHDA Executive Director Gloria L. Materre. "By investing in this development, we are getting our Veterans off the streets and giving them hope."

Developed by the Volunteers of America of Illinois, the Hope Manor Apartments will also be financed with a $1 million U.S. Department of Veterans Affairs grant, and a $174,000 Illinois Department of Commerce and Economic Opportunity grant. The City of Chicago donated the property to build Hope Manor, which will include a "green" roof and other environmentally-friendly features.

"Many Veterans continue to need facilities that provide supportive housing and services that allow them the opportunity to reach their fullest potential," said Illinois Department of Veterans' Affairs Director Dan Grant. "We salute and congratulate Volunteers of America for helping to fill this need with Hope Manor Apartments."

Hope Manor Apartments is the latest Illinois development to break ground as a result of federal housing stimulus dollars created by ARRA. To date, ARRA has provided a jumpstart to construction of 2,646 affordable rental homes, creating more than 3,000 jobs across Illinois.

Veterans represent up to 15 percent of America's homeless population. According to the U.S. Department of Veterans Affairs, more than 100,000 Veterans are homeless any given night.

For additional information on statewide resources available to Veterans, visit Veterans.Illinois.gov.

 

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Funding provided under program Harkin authored in 2002 and 2008 farm bills

WASHINGTON, D.C. - Senator Tom Harkin (D-IA) commended Secretary of Agriculture Tom Vilsack for his announcement today that the U.S. Department of Agriculture (USDA) will provide a total of $31,956,664 in grants and loans for 433 renewable energy and energy efficiency projects in Iowa.  The funding is administered under the Rural Energy for America Program (REAP), which assists farmers, ranchers and rural small businesses in developing renewable energy systems and in making energy efficient improvements in their operations.  Harkin, as the then-Chairman of the Senate Committee on Agriculture, Nutrition, and Forestry, authored REAP in the 2002 farm bill and improved it in the 2008 farm bill.  Harkin is now a senior member of the Agriculture Committee and of the Senate Appropriations subcommittee that funds USDA and rural energy initiatives.

"By helping Iowa's agricultural producers and rural businesses make energy efficiency improvements, today's funding will lower energy costs, help our state to become more energy secure and create economic opportunities for business development.  This is great news for our local and rural economies and will help to spur growth and create jobs across the state," said Harkin.  "I commend Secretary Vilsack and his team for expeditiously executing this program so that it benefits farmers and rural America as intended."

A full list of the recipients of today's funding can be found here.

Projects Help Iowa Farmers and Rural Businesses Become More Energy Efficient

DES MOINES, Iowa, Oct. 14, 2010 - Agriculture Secretary Tom Vilsack today announced that USDA Rural Development is providing loans and grants for 433 renewable energy and energy efficiency projects in Iowa under the Rural Energy for America Program (REAP). The funding includes support for wind projects that will generate renewable energy for businesses and agricultural producers. Also selected for funding are an anaerobic digester and renewable energy projects that use biomass as a fuel source.

"These loans and grants will generate and save energy for Iowa's farmers and business for many years to come, while promoting Obama Administration efforts to transition to a renewable energy economy," Vilsack said. "Farmers have significant opportunity to reduce their energy consumption or generate income by producing renewable energy that can be used by other consumers through USDA's REAP program."

The funding totals nearly $32 million and is expected to generate significant cost savings for recipients as they replace outdated equipment and install systems that create renewable energy or reduce energy use.

For example, Mark Anderson of rural Black Hawk County has been selected to receive a $20,000 grant to install a 20 kilowatt wind turbine to provide energy for the farming operation. Dean A. Tjaden of Charles City has been selected for an $8,000 grant to install a biomass furnace. The Madison County Winery LLC, located just outside St. Charles, has been selected for a $13,651 grant to purchase and install a geothermal heating and cooling system and solar panel for the winery's warehouse. Mark Ehrhardt of Monona has been selected for two REAP grants totaling $22,675 to install a biomass furnace to replace a propane furnace to heat a dairy barn and to install robotic milking equipment to reduce energy consumption.

Hundreds of rural businesses and farmers in Iowa have benefited from the REAP program during the past few years. One previous recipient is a farm engine and equipment repair shop in Spencer, Iowa. Shop owner Gary Hoefling moved his businesses from two locations to a new, 6,750-square-foot, energy-efficient building in fall 2008. The new building has a geothermal heating and cooling system that was paid in part by a $27,250 energy grant from USDA Rural Development. The building also uses energy-efficient lighting and is landscaped using environmentally friendly techniques, including a rain garden, permeable pavers and a garden of native prairie grasses and wild flowers that provide coverage and insulation for the geothermal well sites. Hoefling estimates the geothermal system will pay for itself in four to five years because of lower heating and cooling costs, tax credits and an accelerated depreciation schedule.

REAP funding can be used for renewable energy systems, energy efficiency improvements, feasibility studies, energy audits, and renewable energy development assistance. More information on the REAP program, which was authorized under the 2008 Farm Bill, is at: http://www.rurdev.usda.gov/BCP_ReapResEei.html.

Funding of each recipient is contingent upon the recipient meeting the conditions of the grant or loan agreement. The following is a complete list of REAP recipients announced today. Award Recipients

Through its Rural Development mission area, USDA administers and manages more than 40 housing, business and community infrastructure and facility programs through a network of 6,100 employees located in the nation's capital and over 600 state and local offices. These programs are designed to improve the economic stability of rural communities, businesses, residents, farmers, and ranchers and improve the quality of life in rural America. Rural Development has an existing portfolio of more than $142 billion in loans and loan guarantees.

Bill to Simplify Public Documents Now Becomes Law

Washington, DC -Rep. Bruce Braley's (D-Iowa) announced today President Barack Obama signed the Plain Writing Act of 2010 (H.R. 946) into law late Wednesday afternoon. The bill, introduced by Braley, requires the federal government to write documents, such as tax returns, federal college aid applications, and Veterans Administration forms in simple easy-to-understand language, making government more transparent and saving the government millions of dollars.  The bill's final version passed the House by a vote of 341-82. Earlier this week, it received unanimous consent in the Senate.

"The Plain Writing Act requires a simple change to business-as-usual that'll make a big difference for anyone who's ever filled out a tax return or received a government document," Braley said.  "This bill shows what bipartisanship can accomplish when we put aside our differences and work together for the common good. Writing government documents in plain language will increase government accountability and will save Americans time and money.  Plain, straightforward language makes it easy for taxpayers to understand what the federal government is doing and what services it is offering."

Braley visited the VA in Bettendorf on Tuesday to highlight the work already underway at the Veterans Benefits Administration, which is one of few federal agencies to track the use of Plain Language in federal documents. After rewriting just one letter asking beneficiaries to update their contact information in Plain Language, the VBA say responses climb 75 percent, saving the VA approximately $8 million in follow-up costs.

The Plain Writing Act requires the federal government to write new publications, forms, and publicly distributed documents in a "clear, concise, well-organized" manner that follows the best practices of plain language writing.

After the bill passed the House in February, Senator Bob Bennett (R-Utah) placed a hold on the bill for months, so Braley requested a meeting with him in June. After making minor changes, Bennett lifted his hold and the bill passed the Senate by unanimous consent.

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WASHINGTON - Senator Chuck Grassley said the Federal Emergency Management Administration (FEMA) has issued new information for Iowans affected by the June 1 to Aug. 31, 2010 severe storms, flooding and tornados.  The deadline for Iowans to register for federal disaster assistance has been extended to November 12, 2010.

 

The deadline applies to registration only.  It is not the deadline for all related paperwork.  Homeowners, renters, and business owners who suffered losses in the June 1 to Aug. 31, 2010 severe storms, flooding and tornados who live in one of the 35 declared counties may be eligible for disaster assistance.  Counties included in the declaration are Appanoose, Black Hawk, Cherokee, Clayton, Decatur, Delaware, Dubuque, Fayette, Franklin, Hamilton, Howard, Humboldt, Ida, Jackson, Jasper, Jones, Kossuth, Lee, Lucas, Lyon, Mahaska, Marion, Monroe, O'Brien, Osceola, Polk, Ringgold, Sioux, Story, Taylor, Union, Wapello, Warren, Webster and Wright.

 

Registration should be completed with FEMA online at www.disasterassistance.gov; or by calling 1-800-621-FEMA(3362) or 1-800-462-7585 for the hearing- or speech-impaired. The numbers are available from 7 a.m. to 10 p.m., daily, until further notice.  For Disaster Recovery Center information, Iowans should visit www.fema.gov/assistance/opendrcs.shtm.  

It's important for anyone impacted by the storms to register even if no decision has yet been made to submit additional paperwork.  Registration ensures that the person impacted may ask for federal assistance in the future.

 

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Senator Chuck Grassley of Iowa today made the following comment on an announcement from H&R Block that it is working to acquire a company in Cedar Rapids that has developed tax software that H&R Block hopes to use in its tax filing operations.

"Iowa has a lot of high-tech expertise, through its employers and universities and community colleges, so I'm not surprised that an Iowa firm developed a product that's attractive to one of the world's largest tax services providers.   If all the necessary approvals go through, I hope this will lead to job creation in Cedar Rapids.   Iowa has an outstanding workforce, and new jobs would be a shot in the arm to the Cedar Rapids community, where people have worked so hard to recover from the floods that caused so much damage in 2008."

MONTICELLO, IA - Camp Courageous Antique Show will be held on Sunday, November 7th at the Berndes Center on the fairgrounds in Monticello. Doors will be open from 9:00 A.M. until 3:00 P.M.  Camp Courageous is seeking dealers and exhibitors to display quality antiques and collectibles.  Food and beverages are available for purchase throughout the day, including pie and ice cream.  A 10'x16' space is offered with four tables for $50.00

Chuck Wolf, a professional appraiser from Maquoketa, will be available to the public throughout the day to assess items for a $5.00 fee (excluding guns, military memorabilia, and Indian artifacts).  Proceeds from this event goes to benefit Camp Courageous, a recreational and respite care facility for individuals with disabilities of all ages.  It is run on donations, without government support, without paid fundraisers, and without formal sponsorship.

Admission for the public is $3.00 and parking is free!  For inquiries or dealer information contact Sharon Roller at Camp Courageous  (319-465-5916 Extension 2200). All proceeds for this event will benefit over 5,100 individuals with disabilities served by Camp Courageous each year.

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From Senator Tom Harkin:

Harkin: Decision to Expand E15 in Vehicles is Welcome Step; Senior lawmaker vows to continue effort for all vehicles, not just new models

WASHINGTON, D.C. - Senator Tom Harkin (D-IA) today applauded the Environmental Protection Agency's (EPA) announcement that it will approve gasoline blends containing up to 15 percent ethanol (also known as E15) for year 2007 and newer vehicles.  Harkin, however, expressed disappointment that a decision has not yet been made on 2001-2006 vehicles and that the agency will deny the waiver for year 2000 and older vehicles and for off-road engines.  In recent months, Harkin has been the lead voice in the U.S. Senate urging EPA and the Department of Energy (DOE) to approve E15 for all gasoline vehicles.  

"It is important that we continue our effort to promote biofuels and reduce our dangerous dependence on foreign oil.  This is an effort that is good for the environment and for our nation's energy security and one that will grow our economy while creating good, 'green' jobs in Iowa and across the county," said Harkin.  "Today's announcement is a welcome step in this effort - one that has been a long time coming - and I am pleased that EPA and DOE have moved forward and approved E15 for 2007 and newer vehicles.

"In addition to promoting E15 - and even higher percentage blends - for vehicles, there is much more to do as part of our overall strategy to promote and grow the biofuels industry.  I intend to urge action in Congress that will enable expanding markets for biofuels by increasing the number of blender pump stations across the country, increasing flex -fuel vehicles and incentivizing the construction of biofuels pipelines from production states to more populous areas.  I also remain hopeful that the Administration will finish testing soon and announce their decision to approve E15 for use in 2001-2006 vehicles, as well as reconsider its unfortunate decision to deny the waiver for vehicles older than 2000."

As the former Chairman and now senior member of the Senate Agriculture Committee, Harkin has been a long-time leader in promoting the production and use of biofuels as an important part of the nation's energy strategy.  Recent Harkin initiatives and actions aimed at promoting E15 and other biofuels include :

  • On August 4, Harkin led a bipartisan group of senators in introducing an amendment to the pending energy bill to expand the U.S. biofuels market by increasing the percentage of vehicles manufactured for sale in the U.S. that are flex-fuel capable; increasing the number of blender pumps at refueling stations so more consumers can buy fuels with higher percentages of ethanol; and authorizing loan guarantees for renewable fuel pipelines.  More information can be found here.

  • On August 2, Harkin convened a meeting between a bipartisan group of senators and EPA Administrator Lisa Jackson and Department of Energy Deputy Secretary Daniel Poneman to urge prompt approval of E15 ethanol blend for use in all gasoline-fueled vehicles.  At the meeting, Harkin urged for the approval of E-15, as well as E-20, which EPA is also reviewing.  More information can be found here.

  • On June 28, Harkin and six other senators wrote to President Obama urging his Administration to move rapidly to integrate biofuels into the nation's transportation fuel supply.  In the letter, the senators expressed concern that the Department of Energy (DOE) had not yet completed testing of higher blends of ethanol in gasoline, which would allow the Environmental Protection Agency (EPA) to approve the use of gasoline containing more than 10 percent ethanol.  More information can be found here.

  • On June 23, Harkin spoke on the Senate floor expressing his disappointment in EPA and DOE's delay in making a decision on E-15 and calling for an end to the delay.  Audio of that can be found here.

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From Senator Grassley:

EPA E15 Ruling Takes a Step Instead of Leap in the Right Direction

WASHINGTON - The Environmental Protection Agency decided on a waiver request to allow ethanol to be blended with gasoline at 15 percent, rather than the 10 percent that is allowed today.  Ethanol producers filed the waiver petition back in March of 2009.  A decision was supposed to be made by December of 2009, but it had been delayed again and again.

"While I'm glad to see that at long last the EPA has finally made a decision, I am frustrated that the EPA is approving E15 only for vehicles that are model year 2007 and newer.  The fact is, that covers only about 20 percent of vehicles on the road today," Grassley said.  "The gains, while useful to the industry, are small in comparison to a full and complete waiver for E15 use in all vehicles."

"The announcement unnecessarily complicates the fuel-supply chain and undermines real progress that a waiver for all vehicles would have provided to America's domestic renewable fuel producers.  It's a matter of both energy independence and jobs," Grassley said.

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From Governor Quinn

CHICAGO - October 13, 2010. Governor Pat Quinn today applauded the decision by the U.S. Environmental Protection Agency (U.S. EPA) to waive the limitation on selling fuel that contains more than 10 percent ethanol for newer vehicles.

The waiver specifically allows all 2007 and newer model year cars and light trucks to be able to use up to 15 percent ethanol, known as E15. The decision on whether to allow model year 2001 to 2006 vehicles to use E15 is still under consideration.

"This is an important step that will increase our energy security by relying more on the natural resources grown throughout Illinois. This will protect the environment, expand our economy, support our farmers and create more Illinois jobs. We are hopeful that biofuels will continue playing an even larger role in our energy portfolio. It's the right decision for Illinois and our country to lessen our dependence on foreign oil," said Governor Quinn.

The use of gasoline with 10 percent ethanol is widely available and used in Illinois. The state of Illinois also has one of the largest networks of E85 stations that dispense to certain vehicles designed to burn E85.

The Illinois Jobs Now! capital program that Governor Quinn signed into law last year includes $15 million that will improve water and energy conservation, add value to bio-fuel co-products and by-products, adopt fractionation processes, and utilize corn fiber and cellulosic conversion at biofuel facilities.

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