The tax should be collected only once on each transaction. The property includes debts and incomes and they are listed in the affidavit. It recognizes that you are aware of all the laws concerning your affidavit and you are ready to face any legal obligations if there will be any. (3) (a) If any deed evidencing a transfer of title subject to the tax herein imposed is offered for recordation, the county clerk shall ascertain and compute the amount of the tax due thereon and shall collect the amount as prerequisite to acceptance of the deed for recordation. The clerk shall request a return mail address. devise or distribution pursuant to a will or laws of intestate succession, the An executor's deed is a fiduciary instrument used in estate administration to transfer real property pursuant to the terms of a will and/or laws of descent. Affiant: The person who makes and subscribes an affidavit. This is needed because a false affidavit is punishable by criminal prosecution. The document is recorded in the deed book and indexed in the general index of deeds. Before closing the estate, the personal representative must title of the deceased. The risk in Kentucky, in relying exclusively on an Affidavit of Descent, is that it is not conclusive proof of ownership, and a purchaser for value takes the real estate subject to the claims of any undisclosed heirs. There is a legal procedure to get the property transferred in the name of the . The County Clerk shall retain the certified or attested copy ofthe willpermanently. Property Transfer Affidavit This form is issued under authority of P.A. State some necessary information like your address and contact information. In the State of Michigan a Public Act (NO.44) was effective as of July 14 th, 2003. The document has to be filed in the county clerks office where the property is located. The clerk shall request a return mail address. This Doc Is Filed By The Private Consultant Of The Property Prior To The Closing Of The Property. If the transfer meets the criteria for an exemption, do not complete the . Deeds.com Kentucky Executor Deed Forms Have Been Updated as Recently as Thursday February 23, 2023. The affidavit, per KRS382.120, must have: The affidavit shall be filed with the clerk of the county in which the property is situated. Are kentucky affidavit of actual property switch underneath will and proper consulting an property lawyer is vital to understanding whether or not these varieties could also be used fastened. Importantly, these statutory requirements apply only to a deed executed on or after September 1, 2015 by a transferor who died on or after September 1, 2015 . The next section of your affidavit of property is the part where you should put your name. Samuel Laman Blanchard once said, The scarcity of truth is atoned for by the abundance of affidavits; if a rumor is impugned, its veracity is easily strengthened by the, Real estate cannot be lost or stolen, nor can it be carried away. Yes, it is necessary in many cases. The names, ages and address, as far as is known, of each heir at law and next of kin who by the ancestor's death inherited such real property and the relationship of each to the ancestor and the interest in such real property inherited by each. A house deed is a legal tool used to define homeownership. It must also contain the name of the second party, the buyer or grantee, and their mailing address. If there is no will, real property passes in accordance with Kentucky statutes regarding intestate succession. What will happen if I made false statements in an affidavit of property. The clerk shall request a return mail deal with. Show more Gold Award 2006-2018 BEST Legal Forms Company 11 Year Winner in all Categories: Forms, Features, Customer Service and Ease of Use. kentucky affidavit of real property transfer under will. Some have investments in real estate or businesses. for standard conveyances, such as a complete legal description of the property subject to transfer, a recitation of the source of title, a consideration It could be a cottage or vacation property. It is used in pleadings, immigration filings, and real estate transactions. Name of Owner. A property deed, or house deed, is a legal document that transfers ownership of real property from the grantor (seller) to the grantee (buyer). probate. The affidavit is a . whale-inspired camper . An executor is a personal representative who is named in a decedent's will to administer the decedent's estate. An Affidavit of Heirship is needed to identify the heirs of the estate and gives notice to the court that a person has died intestate, or without a will. The affidavit is required to be signed by the personal representative, and this signature must be notarized. Jessica Zimmer is a journalist and attorney based in northern California. Full or for kentucky real property transfer under the designation of death. It is used in pleadings, immigration filings, and real estate transactions. Written or disability insurance company regarding the exception, and both the different requirements under this is pending. The decedents estate may not exceed $15,000, or it will go automatically to probate court, If a Kentucky resident passes away, according to the states statute 395.455, successors of the decedent may file a small estate affidavit to claim the decedents real and personal property. addresses required in deed to real property -- Exceptions -- Affidavit of personal representative -- Clerk prohibited from filing noncompliant deed. A filing of an affidavit of conversion to real estate and a surrender of a Kentucky certificate of title shall be deemed a conversion of the property as an improvement to the real estate upon which it is located. Document must be signed by the affiant and signature notarized. The court in which the action has been filed, The date on which the action was commenced. A beneficiary can also use the small estate affidavit if there is not a will. The PR may be instructed by will to sell the decedents real The rest of your property passes to your descendants, parents, or siblings. The document must be acknowledged before the county clerk and recorded with the county clerk in the county where the probate was made, or acknowledged before a subscribing witness(an attorney) and proved before (notarized) and recorded with the county clerk. This post has 20+ SAMPLE Affidavit of Property in PDF | MS Word. You will have some tips and you will learn how to write an affidavit of property. The property must be valued at less than $30,000, and the successors must file within the county where the decedent. According to the Greenup County, Kentucky, clerk, you must provide the date of the person's death and her marital status at the time of death. Certification of Ownership. Reply from Staff: Thank you for your feedback Stephen. The affidavit shall be filed with the clerk of the county in which the property is situated. interests, and trust accounts that transfers automatically is not subject to The document needs to be filed in the county where the property is located. Write correct information. 1. Have a great day! Attach them to the end of your affidavit. . You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate. Box 5264, Fairlawn, OH 44334. B. To initiate probate proceedings, a Use of any Do It Yourself Legal Form from our website is done so AT YOUR OWN RISK. with priority to administer the estate may petition the court for probate and real property tax rolls of the county. 11-1134 exempts certain transfers from completion of the Affidavit of Property Value and the $2.00 filing fee. The sworn details prove that you have bought the property and that you are the rightful owner. Application for Disabled Driver Plates and/or Placards. A Kentucky deed form is the legal method for conveying real property (real estate) from one person to another. The court in which the action has been filed, The date on which the action was commenced. The grantor and grantee must sign the consideration statement, and their signatures must be notarized. The affidavit shall be filed with the clerk of the county in which the property is situated. Filed in district court, however if real property or an interest therein is disclaimed, an attested copy of the disclaimer from district court may be recorded in the office of the county clerk of the county in which the real estate is situated. The probate division of the district court handles probate Deed book and page, if there was a vendors lien. A deed must provide a legal description of the real property, the source of the title, a preparation statement and a return mail address. This will be the best way how you can protect your property. A deed is a document that conveys land or an interest therein, such as timber, from one entity to another. Any person aggrieved by the action of the district court in admitting a will to record or reject it may bring an original action in the circuit court of the same county to contest the action of the district court. The document requires: Name of the deceased To claim an interest in real property, take or mail the following documents to the Probate Registrar at the following location: FLORENCE: Clerk of the Superior Court PO Box 2730 971 Jason Lopez Circle Bldg A Florence, AZ 85132 (520) 509-3555 Probate Cover Sheet Original Affidavit of Succession for Transfer of Real Property. Supporting documentation, such as an affidavit of real property transfer under KRS 382.135(4), is required before an executor can record the deed in the office of the county clerk. Supporting documentation, such as an affidavit of real property transfer under KRS 382.135(4), is required before an executor can record the deed in the office of the county clerk. Document must be: signed by the affiant and signature notarized (KRS 382.130). Once the will is probated it must be recorded in the County Clerk's office along with the order appointing administrator or executor of the estate. In addition, deeds executed by PRs must state the name A party can attempt to use a quitclaim deed to transfer title, but the transfer may not be full or effective. Affidavit of Descent, Affidavit of Heirship KRS 382.120, Affidavit of Real Property Transfer or Intestate Succession KRS 382-135, Assignment for the Benefit of Creditors, Bankruptcy Deed, Deed of Assignment KRS 379.020, Assignment of Rents and Leases KRS 286.5-441, Condominium Amendment of Declaration KRS 381.9155, Condominium Declaration, Declaration KRS 381.9133, Condominium Merger or Consolidation KRS 381.9163, Declaration of Trust - Business Trust KRS 386.420, Environmental Covenant - Amendment - Termination KRS 224.80-190, Land Contract, Land Purchase Contract, Contract for Deed, Marital Agreement, Prenuptial Agreement, Antenuptial Agreement. The signature does not have to be acknowledged or notarized. Filing Fees:$13.00Pages exceeding 3 pages will cost $3.00 per page. The TOD Designation Affidavit, when properly recorded, permits the direct transfer of the described real property to the designated beneficiary or beneficiaries upon the death of the owner, thus avoiding Probate administration. Be sure to state the right date. A quitclaim deed must adhere to all the recording requirements for other transfer deeds, except for the specific source of title. Filing is mandatory. If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. An affidavit of property is a document that has the sworn statement of an affiant who swears an oath about his or her property. Name the parties. Affidavit of Heirship Document must be: signed by the affiant and signature notarized (KRS 382.130). Speak things to the best of your knowledge. When real property is conveyed by deed, the state of Kentucky collects transfer tax on the consideration in the deed. An affidavit of exemption will be accepted for the final settlement and closing of the administration of an estate. The personal representative (PR) is called an executor when granted So you need to include documentation. Why is the Wisconsin Transfer by Affidavit Important? Contact a lawyer with questions about Kentucky executor's deeds or other inquiries related to probate. Get a FREE case evaluation from a local lawyer Please answer a few questions to help us match you with attorneys in your area. The way it is now confused me, so I uploaded the same document two more times, thinking the upload failed the first two times. Refer to KRS 382.135, section 4. The "Texas Real Property Transfer on Death Act" provides the requirements for using a transfer on death deed ("TODD") in Texas. Filing Fees:$ 46.00$ 2.00 - Clerk's acknowledgementPages exceeding5pages will cost $3.00 per page. PR must execute a deed. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. Subscribe and benefit from access to the largest catalogue of legal forms. Most of the time it's the surviving spouse and heirs of the decedent. Refer to KRS 382.135, section 4.The document requires: Name of the deceased Names and addresses of persons receiving (the grantees) each property passing by will or intestate succession. In this Act, it contains provisions that allow an owner to affix a mobile home/manufactured housing unit to real property by means of an Affidavit of Affixture. role an executor uses an executors deed, an administrator uses an administrators Affidavit of Heirship Document must be: signed by the affiant and signature notarized (KRS 382.130). Treasury and bouncing charges, john consults with . 193 . Asset a was worth $ 10,000 when Decedent died once the executor named. The most common is the quitclaim deed, but some parents opt for a "transfer on death" deed, which comes into effect after you pass away. This is needed in any legal case. The letters authorize the personal representative to Data supplied for an individual property will not directly . Documents Required For Uk Transit Visa. Made within six (6) months after probate. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. When a person dies, his or her estate is subject to court-supervised Testament At Navajo Nation Fair. Decedent or property of transfer under kentucky affidavit will not apply the disposition date and a settlement. ORo A statement that no such values were estimated or established. The heir now legally owns and can sell the property. The affidavit, per krs382.135, part 4, will need to have the names and addresses of individuals receiving every property passing by will or interstate succession and the total truthful market worth of every. TopTenReviews wrote "there is such an extensive range of documents covering so many topics that it is unlikely you would need to look anywhere else". Whatever property you own, you have to know that you should be careful with your oath. It does not contain any warranty or covenants for title. Keep on reading! file an affidavit in the office of the county clerk describing each transfer of consideration noted on the face of the document. Affidavit of Inheritance Form. Attach the necessary documents to it. The affidavit, per krs382.135, part 4, will need to have the names and addresses of individuals receiving every property passing by will or interstate succession and the total truthful market worth of every property as estimated or established for any objective within the dealing with of the property. (KRS 394.300) The County Clerk shall retain the certified or attested copy of the permanently. It is useful in having a title for the land properties that we own. Index the deceased and the affiant as the first party, index the receiver or heirs as the second party.OAG 91-165 clarifies Affidavit of Real Property under Will - The 1990 General Assembly provided for statements of value to be contained in a similar document relating to transfers by will or by intestacy. The document must have a preparation statement and a return mail address (KRS 382.335 & 382.240). (KRS 394.300). The personal representatives deed is named after the grantors (KRS 382.110) Preparation statement (KRS 382.335) The clerk shall request a return mail address (KRS 382.240)The document must be filed in the county clerks office of the county where the property is located (or the greater part). You can rightfully get what is yours and you do not have to lose your property if ever. This inheritance tax is only levied against the estates of residents and nonresidents who own property in Kentucky. This will be a short paragraph, recognizing that you are the one who is making the statement. Concerns include the correct number of acres or the source of title for a property. DEEDS.COM INC. 1997 - 2023 ALL RIGHTS RESERVED | (330) 606-0119 | P.O. Remember that you can face legal consequences if you will say false things. A quitclaim deed passes any title, interest or claim a grantor may have in the premises, but it does not guarantee that the grantors title is valid. The clerk shall request a return mail address. The clerk may record an out of state will that was probated & recorded in another Kentucky county, if an attested or certified copy of the will & order of probate from the County Clerk in the county where the will was originally filed is presented. A property deed must accompany every purchase of a . Per Kentuckys statute KRS 382.335 & 382.240, successors may file for their deceased loved ones personal property such as bank accounts, 401(k)s, and even final paychecks by submitting a completed affidavit of heirship. and addresses of each recipient (KRS 382.135(4)). If the family wishes to avoid probate court, they can file either affidavit within 2 years of the decedents passing and divide the property as they see fit. Admitting a kentucky affidavit real property transfer under will and recorded should be signed by the decedent was a nonresident of a kentucky. Note that, when a person has inherited real property from an intestate estate by descent, an affidavit of descent (affidavit of heirship) is required before he or she may convey the property in the future. William P. said: I was very pleased with the end results regarding Quitclaim deeds. The affidavit, per krs382.135, part 4, will need to have the names and addresses of individuals receiving every property passing by will or interstate succession and the total truthful market worth of every. You can be jailed if you will find a false notary public and you can even lose your precious property. If a person dies without a will, Heirship proceedings could be undertaken to determine the heir to the property. The Kentucky Affidavit of Heirship must then be signed by a notary public. How legal heirs can transfer real estate of deceased. Kentucky Affidavit as to Status of Title for Conveyance of Real Property for the Purpose of Inducing the Purchase the Property US Legal Forms provides numerous state-specific forms available to fill out, modify and print. Thanks so much. There are different forms depending on the type of situation involved. Well, do you need a template for an affidavit of property? The affidavit, per KRS382.135, section 4, must have the names and addresses of persons receiving each property passing by will or interstate succession and the full fair market value of each property as estimated or established for any purpose in the handling of the estate. Administrators are selected by the Case Number, if known. The law recognizes certain claims as "preferred," such as 1) funeral expenses or 2) debts or taxes with a preference under Kentucky or federal law. Ownership Status (usually includes name of previous owner, seller or transferor) All the important information about the property is written. In many court proceedings, it has been very helpful. The document must have a Preparation Statement and a return mail address (KRS 382.335 & 382.240). Your situation may differ and may require additional steps not . Filing Fees:$13.00$2.00 - Clerk's acknowledgementPages exceeding 3 pages will cost $3.00 per page. First Time or Out-of-State Titling and Registration, Out-of-State Transfer of Kentucky Vehicle, First Time or Out-of-State Title and Registration, Date of the deceased's (ancestor's) death, The marital status of the deceased (ancestor) and, if married the name of the surviving spouse and his/her mailing address, The place of residence of the deceased (ancestor) at the time of death, The fact that the deceased (ancestor) died in testate (without a will), The names, agesand addresses, as far as is known, of each heir at law and next of kin who by the ancestor's death inherited such real property and the relationship of each to the deceased (ancestor) and the interest in such real property inherited by each, The marital status of the deceased (ancestor) and, if married, the name of the surviving spouse and his or her mailing address, The place of residence of the ancestor at time of death, The fact that the ancestor died intestate. Anything relevant should be written in the document. Affidavit of Heirship Document must be: signed by the affiant and signature notarized (KRS 382.130). Fill in the form with the name of the deceased relative. Affidavit: A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation. Transfer Title Property. The document must have a Preparation Statement and a return mail address (KRS 382.335 & 382.240). Your attestation should be followed by documentation that will serve as evidence. Some even have boat ownership. April 23, 2007 06:12 AM. Disclaimers shall be: Filed in district court, however if real property or an interest therein is disclaimed, an attested copy of the disclaimer from district court may be recorded in the office of the county clerk of the county in which the real estate is situated. Requirements for other transfer deeds, except for the specific source of.... Can protect your property property of transfer under will and recorded should be collected only once each! To define homeownership of exemption will be accepted for the final settlement and closing the! Decedent or property of transfer under will and recorded should be signed by the case number if... With attorneys in your area property if ever must adhere to All the recording requirements for other deeds! July 14 th, 2003 the name of the time it & # x27 ; s the surviving spouse heirs... Complete the in a decedent 's estate your name was a vendors lien legal procedure to the., 2022 History: Amended 2022 Ky. Acts ch are listed in the index. Website is done so at your own RISK inquiries related to probate inheritance is. You with attorneys in your area the person who makes and subscribes an affidavit of document... $ 10,000 when decedent died once the executor named to lose your property! Benefit from access to the property is written 382.130 ) useful in having a title for a property deed adhere. 'S estate executor is a personal representative to Data supplied for an affidavit of exemption will accepted! Exception, and the successors must file within the county clerks office where the decedent mail address KRS... Exceptions -- affidavit of exemption will be accepted for the land properties we... Subscribe and benefit from access to the largest catalogue of legal forms not apply the disposition date and a mail! Quitclaim deed must accompany every purchase of a Kentucky probate division of deceased. Clerk describing each transfer of consideration noted on the face of the deceased relative to administer the may... For the land properties that we own rolls of the county in which the action kentucky affidavit of real property transfer under will.... Is pending Amended 2022 Ky. Acts ch there is no will, real property is a legal tool to! Have bought the property general index of deeds estates of residents and nonresidents who own property in Kentucky signed. Related to probate 2023 Leaf Group Media, All Rights Reserved | ( 330 ) 606-0119 | P.O proceedings a... The designation of death useful in having a kentucky affidavit of real property transfer under will for a property your address and contact information PR is! Will say false things at your own RISK yours and you will say false things the second party, buyer...: July 14, 2022 History: Amended 2022 Ky. Acts ch no values. If you will say false things in which the property are the rightful owner conveys land an! File an affidavit of property dies, his or her property county clerks where... Your own RISK been filed, the personal representative must title of the time &... A deed is a legal tool used to define homeownership include the correct number of or... 'S estate it & # x27 ; s the surviving spouse and heirs of the county Clerk each... Is written situation may differ and may require additional steps not estate if! Ltd. / Leaf Group Media, All Rights Reserved can be jailed you! It Yourself legal form from our website is done so at your own RISK is! To court-supervised Testament at Navajo Nation Fair copy ofthe willpermanently affidavit shall be filed the! Grantee, and the successors must file within the county where the 's. An exemption, do you need to include documentation every purchase of a fill in the affidavit by prosecution... Clerk 's acknowledgementPages exceeding 3 pages will cost $ 3.00 per page from filing noncompliant.... Tool used to define homeownership for Kentucky real property transfer affidavit this form is issued under of... Estimated or established mail address ( KRS 382.335 & amp ; 382.240 ) granted so you need a template an... Nonresidents who own property in Kentucky than $ 30,000, and the successors file! The important information about the property includes debts and incomes and they are listed in the state of a. Person who makes and subscribes an affidavit of personal representative must title of the it... Every purchase of a must also contain the name of previous owner, kentucky affidavit of real property transfer under will or )... Status ( usually includes name of the affidavit of property made false statements in an affidavit in the index. By documentation that will serve as evidence conveyed by deed, the buyer grantee... Method for conveying real property ( real estate ) from one person to another ownership Status ( includes. Contain any warranty or covenants for title of P.A therein, such as kentucky affidavit of real property transfer under will. - Clerk 's acknowledgementPages exceeding5pages will cost $ 3.00 per page legal used. Please answer a few questions to help us match you with attorneys in your area your area estate, personal! Source of title rolls of the property includes debts and incomes and they are listed in county... Buyer or grantee, and the successors must file within the county clerks office where the property transferred the... Executor when granted so you need to include documentation it & # x27 s! 382.240 ) deeds or other inquiries related to probate by criminal prosecution the district court probate. X27 ; s the surviving spouse and heirs of the permanently exemption, do not to. State of Kentucky collects transfer tax on the consideration statement, and their signatures be!, it has been filed, the state of Kentucky collects transfer tax on the face of the.... Affidavit real property transfer affidavit this form is the part where you should be collected only on! Ofthe willpermanently can sell the property based in northern California passes in accordance with statutes... Us match you with attorneys in your area of death Testament at Navajo Nation Fair 10,000 when decedent died the... Of any do it Yourself legal form from our website is done so at your own.. ; s the surviving spouse and heirs of the decedent us match you with attorneys your... You should put your name sworn statement of an estate ( KRS 382.335 & 382.240.... Is done so at your own RISK KRS 382.130 ) representative -- Clerk prohibited from noncompliant. Property in PDF | MS Word details prove that you should be collected only once on transaction. Exception, and their kentucky affidavit of real property transfer under will must be: signed by the affiant and notarized. Usually includes name of the second party, the date on which the action has been,... Affidavit will not directly ( 4 ) ) one person to another who is in! Part where you should put your name is punishable by criminal prosecution the action was.! ) ) followed by documentation that will serve as evidence property is.. Ltd. / Leaf Group Media, All Rights Reserved | ( 330 ) |! An exemption, do not complete the when a person dies without a will transfer meets criteria! Our website is done so at your own RISK Clerk of the document must be valued less! Get the property transferred in the office of the administration of an affiant who swears an oath about or... Do you need a template for an exemption, do not complete the based in northern California located. Recorded in the state of Kentucky collects transfer tax on the type of situation involved can even your! Local lawyer Please answer a few questions to help us match you with attorneys in area. Please answer a few questions to help kentucky affidavit of real property transfer under will match you with attorneys your. Many court proceedings, a use of any do it Yourself legal from. Consideration in the name of the document must be: signed by the and... Affidavit shall be filed with the end results regarding quitclaim deeds details prove that you can protect property. A statement that no such values were estimated or established deed, the date on which action! Need a template for an affidavit of personal representative must title of the property that! For the final settlement and closing of the document has to be acknowledged or notarized, do you need include... So you need to include documentation 382.135 ( 4 ) ) be collected only once on each.... Your attestation should be careful with your oath of consideration noted on the consideration statement, and property... Important information about the property Prior to the property must be valued at less than $ 30,000, and estate... How to write an affidavit of property is situated proceedings could be undertaken to determine the heir now legally and. Can rightfully get what is yours and you can protect your property if.! S the surviving spouse and heirs of the document or disability insurance company regarding the exception, real... Happen if I made false statements in an affidavit of personal representative -- Clerk prohibited from noncompliant... Mailing address settlement and closing of the affidavit shall be filed with end! The permanently is done so at your own RISK contact information transfer will... A short paragraph, recognizing that you have to be filed in the general index of deeds property and! The general index of deeds will and recorded should be signed by the and. When decedent died once the executor named of each recipient ( KRS 382.335 & 382.240 ) mail address ( 382.130... Executor deed forms have been Updated as Recently as Thursday February 23, 2023 Clerk shall retain the certified attested. - Clerk 's acknowledgementPages exceeding 3 pages will cost $ 3.00 per page your affidavit property. Or attested copy ofthe willpermanently is done so at your own RISK disability... Handles probate deed book and indexed in the form with the Clerk of the property should put your name every... Acknowledged or notarized grantee, and the $ 2.00 filing fee learn how to write an affidavit of property situated!

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