HomeMy WebLinkAbout95- Montana Trust Indenture between Farmhouse Partners
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fiLM 158 PAtE JOS
FORM U-STOCK FORM :tun rU'U!HIN' co.. "f:LtU., ..IIT.
MONTANA TRUST INDENTURE
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THIS 'lRUST INDENTURE, Made thIS._./mm_mday oL___ _ _0...t;J!l m .....__________m__...m.......' l!L ___:?,
between_.__....ffi,;J;::rn.hQJJ.$.e.__J?_ax_t_ne.x:S_~_B..Q_Z_e.mPon..Limited..P a.t:.tner_sAn~ mailing ad dress is
P. ~ 00'- - --Box... J.-7.4. 6.7' ....Boz eman.T ..-Montana.. - 5.9.7..7. J.,... ~ 7.4-G--- - - - 0- ____ - _....... ......._ ___ __.... _______. __ __ _ _ _ _ _ _... _ _ ....._ ___
.- --.... ..-0---------- __. -.._ -- -.. m.. .....- - -................., as G RAN TO R, ____ _ _ _ _ mP.?J..-g)....J... ____Luw.e_,....;e. Q 9.em.9,J1___C_ ;i,.j:;y. ..... _ __
Attar.ne.y..... _............ ........ ._........ __... ....____ ______ __ ___. _ _ _ _.... _ _. _ ....... .............._ _ ____ __ _ _ _.... __ __....... .______ ____ ___ _ __ __................ _.. _ _ _ _ ____ ___
.______________________________......__m.m_.___..___....____, with principal offi ce a t....4 .11___E.a_s_t_._M?J..;i._rL_5_tn~_ S!.J;..,..:RQ_:?~m?-n
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M on tana, as TR US TEE, an d._____..ci:t.y. ..o.f .._Baz.eman m _ _.. __........... ..____.. __ ________.. __............ ......__ _ ____ __.._ _._ _ _ ...... _ _ _,
...-. .....~... -..- ~ ~. - ~- - - -~ - -~. r - - - - - -. - - __... _. _..... _. - ~ _.... - _~_ - - - - - - - - - - - - _. _ - - - _... _.. . .ow..... ........ _ __ ___ _ _ __ _ _ __ _ _ _~.. _ _ _ _ _.. _ __.. _~ _ _ _ _ _ _ _r_ _ _ _ _ _ _. _ _........... _... __ _ _ _ _ _ _ _. _ _ _"
with principal 0 Hi ee a L~_ll-____l';_9,_$.t mM.?J.J .n...s. t;t:'_ e_e t _l____B..Q.~.emgn_l..J1.Qnt fi,D..?:t... '~_~])'_;;_" m ......___ _,
~ as BENEFICIARY,
WITNESSETH: That Grantor hereby irrevocably GRANTS, BARGAINS, SELLS, CONVEYS AND
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WARRANTS TO TRUSTEE IN TRUST, nevertheless, WITH POWER OF SALE that certain real property,
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which does not exceed thirty (30) acres in area, situated in the County of ...Galla.tin...."""
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~ ......"""",,,,,................. ..""'''''''''' State of Montana, particularly described as follows, to-wit:
<;j Lot 1 of Minor Subdivision #162, situated in the
Southeast Quarter of Section 8, Township 2 South,
Range 6 East, P.M.M., Gallatin County, Montana
according to the official plat of record with the
County Clerk and Recorder.
TOGETHER WITII: (1) All buildings, fixtures and improvements thereon and all water rights, I
rights-of-way, tenements, hereditaments, privileges and appurtenances thereunto belonging, now owned
or hereafter acquired, however evidenced, used or enjoyed with said premises or belonging to the
same; (2) AU right, title and interest hereafter acquired in or to any of said premises, hereby also re-
leasing, reIinquishiLg and waiving all exemptions, rights of dower and homestead, in or to said prem-
ises, vested or inchoate; (3) All heating, air conditioning, plumbing and lighting facilities, equipment
and fixtures now or hereafter installed upon or within said premises, used or proper or necessary to con-
stitute the said premises a habitable, usable or operating unit-all of said property being designated
and deemed for the purposes of this instrument a part of the realty; and (4) All of the rents, issues and
profits of said premises, SUBJECT, HOWEVER, to the right, power and authority hereinafter con-
ferred upon Beneficiary to colleet and apply such rents, issues and profits;
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FOR THE PURPOSB OF' SBCURTNO: (1) Payment of the principal sum of.."s.ev.ent-y------------....
__?:'_~_~':l_~":l:~~____~_~_c:1___~()_/;L_q_Q_____________Dollars (*" ._?o._~_~_q_q_.__Q_o._______) with interest thereon acconling- to
the kt'llls of a pl'ornissol'y l1Ote, dated_________JIIC:i!';;://Jld/:(f,_____Jt2I______________, 19_95_ (and any (~xtensions
and/o!' t'(~ll('wals or modifications 01('['('0f), made by Grantor payable to tIll' order of Bendiciary in in-
stallllwnts, the last of whidl, unless soon('!' paid, will he due and payabk OlL..JJJJY___9__L__f_QJ_D...........
l!L______ ; (2) PaYllH'nt of all sums ('xIWlldpd or advaneed by Ikneficiary un(ler or pursuant to the
tprlllS hereof, together with interest thereon as hel'(jn IJ!'ovid('d; (:3) Performance of each agre(~rnent
01' Grantor h('l'(~in and in Raid note containe(]; and (4) Payment of any future advltllces, in no event
(.xcpe(lil1g'____________________________________________________________J)ollarR, now ill conternplatiol1 of the parti(.s, if the Beneficiary
at its Rotc option (~kds to mak<~ any advarlees whatso(~ver.
TO PIWTECT THE SECUHl'l'Y OF 'l'HIS 'rInTS'!' INDE;\;TUHI'l, AND FO~ O'l'lUm PURPOSES,
GRANTOR AGHEBS:
1. To keep said property in good condition and repair; not to remove or demolish any building thereon; to
complete and restore promptly and in a good and workmanlike manner any building which may be constructed,
damal;ed or destroyed thereon, and to pay when due all claims for labor performed and materials furnished
there or; to comply with all laws, covenants and restrictions affecting said property; not to commit or permit
waste thereof; not commit, suffer or permit any act upon said property in violation of the law; to do all other acts
which from the character or use of said property may be reasonably necessary, the specific enumerations herein
not excluding the general; and if the loan secured hereby or any part thereof is being obtained for the purpose of
financing construction of improvements on said property, Grantor further agrees:
(a) To commence construction promptly and to pursue the same with reasonable diligence to completion in
accordance with plans and specifications satisfactory to the Beneficiary, and
(b) To allow Beneficiary to inspect said property at all times during construction.
Trustee, uson presentation to it of an affidavit signed by Beneficiary, setting forth facts showing a default
by Grantor un er this numbered paragraph, is authorized to accept as true and conclusive all facts and statements
therein, and to act thereon as provided in this instrument, and as allowed by law.
2. To provide, maintain and deliver to Beneficiary, insurance of such type or types and amounts as Benefi-
ciary may require, on the improvements now existing or hereafter erected or placed on said property. Such insur-
ance shall be carried in companies approved by the Beneficiary with loss payable clause in favor of and in form
acceptable to Beneficiary. In the event of loss, Grantor shall give immediate notice to Beneficiary, who may
make proof of loss and each insurance company concerned is hereby authorized and directed to make payment for
such loss directly to Beneficiary instead of to Grantor and Beneficiary jointly, and the insurance proceeds, or
any part thereof, may be applied by Beneficiary, at its option, to the reduction of the indebtness hereby secured
or to the restoration or repair of the property damaged.
3. To deliver to, pay for and maintain with Beneficiary until the. indebtness secured hereby is paid in full,
such evidence of title as Beneficiary may require, including abstracts of title or polices of title insurance and any
extensions or renewals thercof or supplements thereto.
4. To pay before delinquent all taxes and assessments, includin~ interest and penalities, affecting said prem-
ises and improvements; to promptly pay and discharge all encumbrances, charges and liens on said property
which at any time are, or appear to be, prior or superior hereto. In addition to the payments due in accordance
with the terms of the note hereby secured, Grantor shall, at the option and on demand of the Beneficiary, pay to
the Beneficiary monthly and concurrently with payment of principal and interest, a sum equal to one-twelfth
(1/12th) of the annual taxes, assessments, insurance premiums, maintenance and other charges upon the property,
as estimated by the Beneficiary, in trust nevertheless for Grantor's use and benefit and for payment by Benefi-
ciary of any such items when due. The failure of Grantor to make any of such payments shall constitute a default
under this trust.
5. Except as otherwise expressly provided herein, to pay all costs fees and expenses of this trust, includ-
ing cost of search and evidence of title, advertising and recording expense, documentary , taxes and Trustee's and at-
torney's fees as allowed by law.'
6. Should Grantor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee,
without obligation so to do and without notice to or demand upon Grantor and without rele8i'lin~ Grantor from any
obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to
protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes.
7. To pay immediately and without demand all sums expended hereunder by Beneficiary or Trustee, with in-
terest from date of expenditure at the rate of eight per cent (8%) per annum until paid, and the payment thereof
shall be secured hereby,
IT IS MUTUALLY AGREED THAT:
8. Without affecting the liability of any person, including Grantor, for the payment of any indebtedness
secured hereby, or the lien of this Trust Indenture on the remainder of the Eroperty for the full amount of any in-
debtedness unpaid, Beneficiary and Trustee are respectively empowered as ollows; Beneficiary may from time to
time and without notice:
(a) Release any preson liable for payment of any of the indebtedness,
(b) Extend the time or otherwise alter the terms of payment of any of the indebtedness,
(c) Alter, substitute or release any property securing the indebtedness;
Trustee may, at any time and from time to time, upon the written request of Beneficiary:
(a) Consent to the making of any map or plat of the property,
(b) Join in granting any easement or creating any restriction thereon,
(c) Join in any subordination or other agreement affecting this Trust Indenture or lien or charge thereof,
(d) Reconvey, without warranty, all or any part of the property.
(Ja. Both parties agree that Beneficiary may, if Beneficiary so elects, procure and thereafter continue during:
the term of this Indent.ure, for as long as Beneficiary desires, a form of insurance'acce]Jtah1c to Beneficiary insur-
ing Beneficiary against any loss sustained hy Beneficiary by reason of any default .in payment hy Grantor of the se-
cured indebtedness. If Beneficiary elects to procure such insurance, Grantor shall promptly reimburse Beneficiary the
full amount of the initial premium for such insurance. During: t.he term of this Indenture, Grantor shall each month
deposit in escrow with Beneficiary 1/12t.h of the next folIowing anticipat.-,d annual pr.-,mium fOl'such insu'rance, said
deposit to he made at the same time and place as Gran.tor makes monthly payments on the aforementioned pt'omis-
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sory note. Beneficiary may thereafter pay all annual rel~ewal premiums from ~uch escro~~h~.oullCl1
posited in escrow be insuffkipnt t.o pay any renewal premium 'in lull as thc same he"orne due, Grantor shall .imrnedi-
at.e1y upon demand deposit. with or pay to Beneficiary such additional amount. as may be >;u fficient to pay the re-
newal premium in full. Failure of Grantor to payor deposit any of the amounts referred t.o herein 8hall constitute
a default of the terms of this Indenture. Mortgag'or furt.her agrees to deposit in csnow with Beneficiary 1/12 of the
annual premium for hazardinsuranee coverage and annual taxes amI assessments earh month. Failure of thc Grantor
to deposit any of thc ahovc amounts in the escrow account shall constitute a default of the terms of this indenture.
9b. Upon written request of Beneficial'y stating that all sums seeured hereby have been paid, and upon surn'nder
of this Trust Indenture and said note to Trustee for cancellation and retention and upon paymcnt by Beneficiary of
its fees, Trustee shall rcconvcy to Grantor, without warranty, the property thcn held hereunder.
10. As additional security, Grantor hereby assigns to Beneficiary, during the continuance of these trusts, all
rents, issues, royalties, and profits of the property affected by this Trust Indenture and of any personal property
located thereon. Until Gl.lntor shall default in the payment of any indebtedness secured hereby or in the per-
formance of any agreemenL hereunder, Grantor shall have the right to collect all such rents, issues, royalties, and
profits earned prior to default as they become due and payable. If Grantor shall default as aforesaid, Grantor's ri~ht
to collect any of such monies shall cease and Beneficiary shalI have the right, with or without taking possessIOn
of the property affected hereby, to collect all rents, royalties, issues, and profits. Failure or discontinuance of
Beneficiary at any time or from time to time to collect any such monies shalI not in any manner affect the subse-
quent enforcement by Beneficiary of the right, power, and authority to collect the same. Nothing contained
herein, nor the exercise of the right by Beneficiary to collect, shall be, or be construed to be, an affirmation by
Beneficiary of any tenancy, lease or option, nor an assumption of liability under, nor subordination of the lien
or charge of this Trust Indenturc to any such tenancy, lease or option.
11. Upon any Jefault by Grantor hereunder, Beneficiary may at any time without notice, either in person, by
agent, or by a receiver to be appointed by a court (Grantor hereby consenting to the appointment of Beneficiary as
such receiver), and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon
and take possession of said property or any part thereof, in its own name sue for or otherwise collect said rents,
issues, and profits, including those past due and unpaid, and apply the same, less cost and expenses of operation
and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Bene_
ficiary may determine.
12. The entering upon and taking possession of said property, the collection of such rents, issues, and profits,
or the proceeds of fire or other insurance policies, or compensation or awards for any taking or damage of said
property, and the application or release thereof as aforesaid, shall not cure or waive any default or notice of de-
fault hereunder or invalidate any act done pursuant to such notice.
13. Time is of the essence hereof. Upon default by Grantor in the payment of any indebtedness secured here-
by or in the performance of any agreement hereunder, all sums secured hereby shall immediately become due and
payable at the option of the Beneficiary. In the event of such default, Beneficiary may execute or cause Trustee
to execute a written notice of default and of election to cause such property to be sold to satisfy the obligations
hereof, and Trustee or Beneficiary shall file such notice for record, in each county wherein said property or some
part thereof is situated. Beneficiary shall also deposit with Trustee, the note and all documents evidencing expendi-
tures secured hereby.
14. After the lapse of such time as may then be required by law following the recordation of said notice of de-
fault and of election to cause said property to be sold, and notice of default and notice of sale having been given as
then required by law, Trustee, or its attorney, without demand on Grantor, shall sell said property on the date and
at the time and place designated in said notice of sale, either as a whole or in separate parcels, and in such
order as it may determine (but subject to any statutory right of Grantor to direct the order in which such property,
if consisting of several known lots or parcels, shall be sold), at public auction to the highest bidder, the purchase
price payable in cash in lawful money of the United States at the time of sale. The person conducting the
sale may, for any cause he deems expedient, postpone the sale for a period not exceeding fifteen (15) days by
public proclamation by such person at the time and place fixed in the notice of sale, and no other notice of the post-
poned sale need be given. Trustee shall execute and deliver to the purchaser its deed conveying said property so sold,
but with out any covenant of warranty, express or implied. The recitals in the deed of any matters or facts shall be
conclusive proof of the truthfulness thereof. Any person including Beneficiary (but excluding Trustee) may bid at
the sale. Alter deducting all costs and expenses of exercising the power of sale and of the sale, including cost of
search and evidence of title, advertising and recording expense, documentary taxes and Trustees' and attorney's fees,
Trustee' shall apply the proceeds of sale to payment of all amounts secured hereby and due hereunder, including all
sums expended .by the Trustee and Beneficiary, or either of them, with accrued interest thereon at the rate of
eight per cent (8%) per annum from the date of expenditure thereof, and the surplus, if any, to the person or per-
sons legally entltltrjl thereto; provided that the Trustee, in its discretion, may deposit such surplus with the County
Clerkatl.:i Recorder of the county in which the sale took place.
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15. Grantor agrees to surrender possession of the hereinabove described trust property to the purchaser at the
aforsaid sale .on the tenth (10th) day following said sale, in the event such possession has not previously been de-
livered by Gtanoor.
16. Each.. abstract of title, title insurance policy and all other evidences of title, and all hazard insurance
policies placed or deposited with the Beneficiary 15haU be deemed an incident to the title to the trust property and
upon foreclosure by exercise of power of sale, or otherwise, shall pass to the purchaser and the same are hereby
pledged as additional security for payment of the indebtedness secured hereby.
17. Upon the occurrence of any default hereunder, Beneficiary shall have the option to declare all sums se-
cured hereby immediately due and payable and foreclose this Trust Indenture in the manner provided by law for
the foreclosure of mortgages on real property and Beneficiary shall be entitled to recover in such proceedings all
costs and expenses incident thereto, inclUding a reasonable attorney's fee in such amount as shall be fixed by the
Court.
18. Except as may be otherwise provided herein, Grantor agrees to pay to Beneficiary or Trustee the CQsts and
expenses, including a reasonable attorney's fee, incurred by either of them in instituting, prosecuting or defending
any Court action in which Grantor does not prevail, if such action involves the interpretation hereof or perform-
ance hereunder by a party hereto or the breach of any provision hereof by a party hereto, including but not limited
to an action to obtain possession of the above described property after exercise of the power of sale granted here-
under.
19. This Trust Indenture shall apply to, inure to the benefit of and bind all parties hereto, their heirs, legatees,
devisees, administrators, executors, successors and assigns. All obligations of Grantor hereunder are joint and sev-
eral. The term "Beneficiary" shall mean the owner and holder, including any pledgee, of the note secured hereby.
In this Trust Indenture, whenever the context so requires, the masculine gender includes the feminine and/or neu-
ter, and the singular number includes the plural.
20. Trustee accepts this Trust when this Trust Indenture, duly executed and acknowledged, is made a public
record as provided by law. Trustee is not obligated to notify any party hereto of a pending sale under any other
trust indenture or of any action or proceeding in which Grantor, Beneficiary, or Trustee shall be a party, unless
brought by Trustee.
21. This Trust Indenture is made within the State of Montana pursuant to the Small Tract Financing Act of
Montana and is not made or tajren in substitution for any mortgage m existence on the effective date of said Act.
22. Grantor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to him
at the address hereinabove set forth.
t~.e~ ~72:i..~~._(:as) (haIi~e)n:e'eunt~:etn(.:':)..(~_~)(it:)..(~~~:)h::d:
Fa~~~ ~~~ Partners '.
B}/'.:...Fannhouse.. .raJ:tne.l".s.._L~_~.~.J;~..... ....~:r;.~~~.E~hip ............... ...._ _ -'mOO" ___._mm ............. "..... 'T'- 'mm..., .'". ..........
By: The Dabney Company, its General Partner ' ,
By: William C. Dabney III, its President
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m,," 158R .JD8
STATE OF MONTANA 1
~ss.
County oL..Galla_t_in.._......__.___._____............________ J
On this................u......day of.__n.u............_..._.___...u._.....___...____.._........., 19...~.5, before me, a N otary Public
for the Sta te of Montana, personally a ppeared_______m.....m__.................___._._m..u................u.....n.......__....uu......n..,
known to me to be the person(s) whose name(s) is (are) subscri!!led to the within instrument, and
acknowledged to me that (he) (she) (they) executed the same.
IN WITNESS WIlERIWF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
~ ~~- - -- - - - -~ -.. ~.. ~.... . ~. -.. -. - -. -. - - - - -~- ~ - -... ~ ~_..... - ~ -- -- -- - - - -... - ~. -.... -.... - -. - - -- - - --
Notary Public for the State of Montana.
(Notarial Seal) Residing a t.............._..............___...... ......____nn____............._n..
My Commi.ssion expires_.n._uu................n____.____...............
"'.~,~~... _..~."'~::.':':":::-:-"::;;::-..;::;::::;,...--=======::::.:~::: - ,,-~-,-- ~- .,~
STATE OF MONTANA, }
ss,
County of...u...Gallatin.. ........._.__u_.................. -...
On this....JQ.ft5mn..day of.......u..;JOlt!c.ll1iJC/!..--------u.........m------' 19.e4_, before me, a Notary Publie
for the Staie of Montana, personally appeared------W.i~~i-am---C.......Dahney:...I.I.I..........----....------------------u
and........ ....,,',:lP~,,'..,h...m.....nm..m-...............-..... .__........._.____. .u.......n_...._n______................n____.nuuknown to me to be the
:])t;~*.'\:,;i" of Farmhouf:1p Pdr~ners; !..imi i-er'l Dartne hip
l?.r.e.s~ .... .... ." . .....:the..nabnet...CO-....,..--G.ener al,...P,.a.l;."C;t:l@.~I~G.ene~a:Ln.t!~~~n.er....c;1;... ,
'.'...,.o..{, :\~....." .... "..: "{.".,, ...'.... ...... .. .tner.s.~.., Otli~~~JxtFoJ- trWJt e~~c1fJe~et:y;~~tgin instrument and acknowl-
";e1pd'tl~ , ',,'s 'chWO~ executed the s~me,
:,....Z 01.~.... l,. "~.:. ,l~m~ ted partnersh~p . ,
.f.,......'.t..,.. :,~....1,~/ ...... ..:..,' ,..~.;ti..) E...~ REOF, I have hereunto set my hand and affIxed. my NotarIal Seal the day
!;fjlJ .. . . ~..'Ibti;v&~.'~. 't.~n ten.
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REQUEST FOR FULL RECONVEYANCE
TO: TRUSTEE ___________.______________.___00__..____._.........................., 19........
The undersigned is the legal owner and holder of the note and all other indebtedness secured by
the within Trust Indenture. Said note, together with all other indebtedness secured by said Trust In-
denture, has been fully paid and satisfied and you are hereby requested and directed on payment to
you of any sums owing to you under the terms of said Trust Indenture, to cancel said note above men-
tioned and all other evidences of indebtedness secured by said 'I'rust Indenture delivered to you
herewith, together with said 'rrust Indenture, and to reconvey, without warranty, to the parties desig-
nated by the terms of said Trust Indenture, all the estate now held by you thereunder,
.. _. ~ ~~.. ~___~__ _~__ __ ___ _____~ ___~~. ,U _ ___... .___~_.. ~ &_A__ _ __ _~~~__ ____., ~ ______ _ _ _ __ _ __ _~ _ ___
. _... r ._..~_.__ r" ..____ "__r__ _______._.____~__. __r__ ___ __ ___ _ __~_____ _____ _ _____ __ ___ _ _ ___ _ _ __.
Mail reconveyance to.....-.. _ no___. ._.._ __ _ ___._ ___ __ ___ _ _ _ __ ___ _ _ _ _ _ ____ _. ____ __ _. __u....___..... _..__. _..00'" .._ __.... _ ____ __.___00 _ _ __0000 _ _..- _.. _.. _. . _ __ _ _ _ _ _ _. _ _..
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