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Real Estate

Our firm’s deep commitment to serving clients in the real estate industry is apparent in almost everything we do. Our practice is rooted in serving developers, contractors, property owners, banks, investors, professionals, and other clients in the real estate industry, and all of our practice areas are pertinent to real estate companies and professionals in some shape or form. We are proud to share responsibility for shaping cities across the South and throughout the United States, and we are equally proud of our work protecting the interests of our real estate industry clients in litigation and alternative dispute resolution (ADR) proceedings.

Real estate and the law go hand in hand. From acquisition to development, and from leasing to disposition, all aspects of the commercialization of real estate involve legal issues at the local and state levels. In many cases, there can be federal implications as well, and our clients rely on our lawyers to help them make informed and strategic decisions while protecting them against unnecessary liability risks. Lending transactions also involve a multitude of legal issues, and lenders need to be able to rely on experienced legal counsel to protect their interests in financed properties. We have significant experience serving as lender’s counsel for real estate transactions, and we currently represent numerous banks in Alabama and Florida.

How We Serve Our Clients in the Real Estate Industry

The breadth of our firm’s practice allows us to provide full-service legal representation to clients involved in all facets of the real estate industry. Our lawyers offer deep knowledge in their areas of practice; and, when representing clients in regulatory matters, transactions and litigation, we pull in lawyers from our various Practice Groups as necessary in order to effectively and efficiently meet our clients’ needs. With our firm’s client-centric approach, we are able to serve as a strategic partner for matters including:

  • Land acquisition and disposition
  • Loan documentation
  • Title work and lien perfection 
  • Small Business Administration (SBA) loan closings 
  • Real estate financing
  • Development and construction
  • Commercial contract drafting and negotiation
  • Statutory and regulatory compliance
  • Strategic tax planning and securing tax incentives
  • Entitlements, easements and rights of way
  • Licensing, permitting and other requirements
  • Commercial and residential lease drafting and negotiation
  • Community association matters
  • Insurance coverage matters
  • Real estate mediation, arbitration and litigation

Whether you are an architect, engineer, broker or other real estate industry professional, whether you are an investor or you own a large development or construction company, and whether you need help complying with the law or protecting your company’s financial interests, our lawyers are here to help. We look forward to assisting in any way we can, and we invite you to contact us to learn more.

Real Estate Law

The lawyers in our Real Estate Practice Group are experienced in all areas of real estate law and routinely represent banks, real estate developers, investors, and other clients in the financing, acquisition and disposal of interests in improved and unimproved real estate. Our lawyers also have extensive experience guiding the development of shopping centers, residential and commercial condominiums, mixed-use subdivisions, office buildings, commercial parks, and other properties. We represent landlords and tenants in the negotiation of commercial leases for office, industrial and retail spaces as well, and we serve as litigation counsel for commercial lease disputes when they arise.

Transactional and Litigation Counsel for Large-Scale Real Estate Acquisitions, Dispositions and Development Projects

Real estate transactions and development projects entail a host of legal issues. From negotiating contract terms and securing title insurance to dealing with regulatory issues and resolving disputes before and after closing, virtually all aspects of large-scale real estate acquisitions, dispositions, and development projects require the advice and insights of experienced real estate counsel. At Hand Arendall Harrison Sale, our lawyers serve as strategic partners to our clients, helping them make informed decisions that protect their legal and financial interests while also maintaining their timelines and preserving critical business relationships.

Our Real Estate Practice Group provides full-service transactional and litigation representation to property owners, investors, financial institutions, developers, and other clients. We regularly provide representation for matters including:

  • Formation of joint ventures, partnerships and limited liability companies specifically organized for real estate development or investment
  • Land use planning, including zoning and use variance applications for planned unit developments (PUDs)
  • Representing lenders in the preparation of loan documents and handling title work to ensure proper perfection of liens on encumbered real estate assets
  • Representing lenders in Small Business Administration (SBA) loan closings 
  • Negotiating and closing interim and long-term credit facilities for existing and proposed commercial real estate developments
  • Disposal and acquisition of investment properties for Section 1031 tax-deferred treatment, including reverse like-kind exchanges
  • Condemnation proceedings
  • Determining riparian rights and property boundaries for properties adjacent to navigable and non-navigable waterways
  • Use and disposal of surface and subsurface water
  • Acquisition of title insurance and resolution of title insurance claims and disputes on behalf of insurers and policyholders
  • Commercial real estate closings
  • Litigation and dispute resolution (ADR) involving real estate development contracts, commercial leases, financing and investment contracts, and other agreements

 

Biographical Information

Jennifer Roselius rejoined Hand Arendall Harrison Sale as Of Counsel following her tenure as in house counsel for a national homebuilder. She practices in the firm’s Business Section. She has extensive experience in corporate transactions, real estate, and commercial finance. Her clients span a broad range of industries, including real estate developers, health care providers, banks, and builders. Thanks to her years spent as in house counsel, Jennifer has a unique understanding of the needs of her corporate clients.

Jennifer received her J.D. from Fordham University School of Law and was awarded the school’s C.V. Starr Scholarship. While at Fordham, Jennifer served in the Fordham Child & Family Litigation Clinic and attended the Cornell-Paris Summer Institute of International and Comparative Law. Jennifer received her B.S., magna cum laude, from the University of Alabama. Prior to joining Hand Arendall for the first time, Jennifer practiced at a firm in New York.

Admissions

  • Alabama State Bar
  • New York State Bar

Education

  • J.D., Fordham University School of Law, 2006
  • B.S., University of Alabama, B.S., magna cum laude, 2001

Additional Information

Civic and Professional Affiliations

  • Member, Mobile Bar Association
  • Member, Alabama State Bar

Publications and Presentations

  • Hand Arendall Sustainability Initiatives – Presenter – November 2010
  • Green Coast Council Financing Opportunities, Incentives and Regulations for Green Building – Panel Speaker – December 2010 Green Building Focus Seminar Series, Mobile, Alabama
  • Legal Issues Associated with Green Building Projects – Presenter – September 2011 – USGBC Alabama Chapter
  • Title Risks and Insurance Coverage – Presenter and Author and Curing Title Defects – Presenter – December 2011 – National Business Institute Advanced Issues in Real Estate Law CLE Seminar
  • Public Trust Doctrine in Alabama – Speaker and Co-Author – March 2012 – Mississippi-Alabama Sea Grant Legal Program CLE Seminar
  • Financing Green Improvements – Speaker – July 2012 – Green Coast Council
  • Update on Incentives for Green Building – Speaker – February 2013 – Green Coast Council
  • The Commercial Real Estate Cycle – Speaker – March 2013 – Alabama Association of Paralegals, Region III
  • Getting and Keeping the Business: A Discussion with In-House Counsel – Alabama State Bar 2017 Annual Meeting

Biographical Information

Chris Gill serves as the head of Hand Arendall Harrison Sale’s Business Section. He practices primarily in the fields of real estate acquisition, development and financing and land use planning. He also has significant experience in the formation of business organizations, primarily for real estate acquisition and development purposes.

In his practice, Chris has represented the Firm’s clients in numerous real estate matters, primarily involving the acquisition, development and/or conveyance of real property. Chris’ land use planning practice involves representing developers who are seeking to obtain the various entitlements necessary to pursue a specific project.

Admissions

  • Alabama State Bar, 2000

Education

  • J.D., University of Alabama School of Law, summa cum laude, 2000
  • B.S., University of Alabama, summa cum laude, 1997

Additional Information

Civic and Professional Affiliations

  • Mobile United

Awards

  • Martindale-Hubbell® AV Rated
  • Lawyer of the Year 2023, Real Estate Law, Best Lawyers In America©
  • Best Lawyers In America© Real Estate Law, 2018—2023 
  • Alabama Super Lawyers Rising Stars, Real Estate, 2010—2011

Biographical Information

Franklin R. Harrison was a Founding Partner of the Firm of Harrison Sale McCloy Attorneys at Law and now serves as the Managing Lawyer of Hand Arendall Harrison Sale’s Florida offices. His primary areas of practice are real estate, business and education law. Mr. Harrison heads the Firm’s Florida real estate section and is Board Certified by The Florida Bar as an Education Law attorney.

Mr. Harrison earned both his J.D. and Bachelor of Science in Business Administration from the University of Florida, where he was elected President of Florida Blue Key and the University of Florida Hall of Fame.

Mr. Harrison has served as Chairman of the Bay County Economic Development Alliance, Chairman of the Bay County Chamber of Commerce, Chairman of the Military Affairs Committee, President of the Florida School Board Attorneys Association, President of the Bay County Bar Association, and as a member of the 14th Judicial Circuit Nominating Commission.

Mr. Harrison is a member of the Council of School Attorneys of the National School Boards Association; the Education Law Section of the Florida Bar; and the Education Law Association. In addition to his real estate work Mr. Harrison serves as the Board Attorney for the School Board of Bay County, a position he has held since 1979. Mr. Harrison received the Florida School Boards Association’s Richard “Spike” Fitzpatrick Award in 2010, was voted one of Florida’s Legal Elite by Florida Trend in 2010, was awarded the Lauren Merriam Memorial Award by the Bay County Chamber of Commerce in 2011, and received the C. Graham Carothers Award of Excellence from the Florida School Board Attorneys Association in 2013.

Admissions

  • Florida Bar
  • Fifth and Eleventh Circuit U.S. Court of Appeals
  • U.S. District Courts for the Northern and Middle Districts of Florida

Education

  • J.D., University of Florida, 1972
  • B.S., Business Administration, University of Florida, 1969

Additional Information

Civic and Professional Affiliations

  • Former Chair of the Multi-State Bar Exam Policy Committee of the National Conference of Bar Examiners
  • Past Chair of the Board of Trustees of the National Conference of Bar Examiners
  • Emeritus Member and former Chairman of the Florida Board of Bar Examiners, FBBE
  • Selected by the Florida Supreme Court to Chair the FBBE Testing Commission
  • Florida Supreme Court’s Commission on Professionalism
  • The Inaugural Florida Bar Education Law Certification Committee
  • Fellow of the American Bar Foundation
  • Council of School Attorneys of National School Boards Association
  • Education Law Association
  • The Florida Bar’s Vision 2016 Commission
  • American Bar Association
  • St. Andrews Bay American Inn of Court

Biographical Information

Wes Hunter is a member in Hand Arendall Harrison Sale’s business section. Wes’s practice focuses on representing developers, owners, sellers, builders and lenders in a wide variety of commercial, industrial and residential real estate transactions. His real estate practice includes extensive experience in representing clients in the acquisition, development and conveyance of real property, as well as land use planning. In addition, Wes frequently assists clients in connection with commercial loan transactions and foreclosure matters. He also has significant experience in the formation of business organizations.

Wes received his J.D., cum laude, from Cumberland School of Law in 2009. While at Cumberland, he was a Senior Associate Editor of the American Journal of Trial Advocacy, an executive member of the Moot Court Board and a Caruthers Fellow teaching assistant. Wes received his B.B.A. in Economics from the University of Georgia in 2004.

Wes is a member of the Mobile County Bar Association, the South Alabama Volunteer Lawyers Program and the Alabama State Bar. Wes is also active in his community, including service as a member of the board of directors of the Augusta Evans School Foundation.

Admissions

  • Alabama State Bar, 2009

Education

  • J.D., Cumberland School of Law, cum laude, 2009 
  • B.B.A., The University of Georgia, 2004

Additional Information

Awards

  • Best Lawyers: Ones To Watch, Real Estate Law, 2021-2023, Business Organizations (Including LLCs and Partnerships), 2023

Biographical Information

Bruce McGowin has extensive experience in the fields of real estate, commercial finance, and environmental law. His clients include utilities, manufacturers, developers, investors, retailers, banks, finance companies, title insurers and management companies.

Bruce is a member of the Mobile County Bar Association, the Alabama State Bar (Chairman, Environmental Section, 1988-1989), and the American Bar Association. He is a member of the Board of Directors of the Downtown Mobile Alliance. He is a member of Leadership Coastal Alabama. He was a contributing editor for the Environmental Practice Guide published by Matthew Bender & Co. in 1992. Bruce is a frequent lecturer on environmental and real estate matters and is recognized in the book The Best Lawyers in America, for real estate law and environmental law.

SAMPLE TRANSACTIONS

  • Acquisition of a 2.1 million square foot former railcar production facility in Colbert County, AL – Representing Buyer 
  • Sale of retail and commercial multi-use development at The Wharf, Orange Beach, AL – Representing Receiver/Seller 
  • Sale and financing of multiple beachfront properties for hotel development, Orange Beach, AL – Representing Seller and Lender 
  • Representation of European and Asian banks in $175,000,000 loan facility for development of chemical production facility in Decatur, AL – Representing Lenders
  • Land swap pertaining to various Mobile River properties between the Alabama Department of Conservation and Natural Resources and the Alabama State Port Authority, Mobile, AL – Representing Port Authority 
  • Sale of Konica-Minolta office and production campus to Mobile County School Board, Mobile, AL – Representing Seller 
  • Acquisition of All Pipeline Right of Ways for LNG facility (Mobile, AL and Offshore State Lands) – Representing Buyer
  • Sale of former Kaiser Aluminum Wire Manufacturing Facility, Bay Minette, AL – Representing Seller 
  • Purchase of 114 acre International Paper Company Mill Site for the Alabama State Port Authority, Mobile, AL – Representing Buyer 
  • Purchase of Beach frontage for Condominium Development, Gulf Shores, AL – Representing Lender 
  • Purchase of 49 Hectares on the Rio Panuco, Tampico, Mexico for Shipyard Construction – Representing Buyer 
  • Sale of Former Navy Homeport to Exxon LNG, Mobile, AL – Representing Seller
  • Sale of FBI Building, Mobile, AL – Representing Buyer 
  • Acquisition of All Right of Ways Required in Alabama and Mississippi for Gulfstream TransGulf Pipeline (Gautier, MS and Mobile, AL to Tampa, FL) – Representing Buyer 
  • Purchase of Citgo Oil Terminal, Panama City, FL – Representing Buyer
  • Development of Historic Malbis (300 Lot New Urbanism Subdivision), Daphne, AL – Representing Developer 
  • Purchase of 14,000 acres of Timberland, Keith Springs, TN – Representing Buyer
  • Refinancing of Three Wood Chip Mills, Monroe County, AL – Representing Borrower
  • Sale of Oil Refinery and Associated Pipeline to Shell Oil Co., Chickasaw, AL – Representing Seller 
  • Sale of 5,000-acre resort community (including hotel, condominiums, undeveloped lots, golf course and single family residences), Still Waters, AL – Representing Seller 
  • Private Auction of 325 Commercial and Residential Properties for the Resolution Trust Corporation – Mobile, Montgomery, Birmingham and Huntsville, AL – Representing Seller 
  • Purchase of First National Bank Building, Mobile, AL – Representing Buyer 
  • Financing the Sale and Lease Back of 36 Auto Parts Stores in eleven states – Representing Lender
  • Development and creation of numerous condominiums at Gulf Shores and Orange Beach, AL – Representing Developers 
  • Purchase of Springdale Mall, Mobile, AL – Representing Buyer

Admissions

  • Alabama State Bar, 1981

Education

  • J.D., University of Alabama School of Law, 1981
  • B.A., Auburn University, 1978

Additional Information

Civic and Professional Affiliations

  • Alabama State Bar Association (Environmental Law Section)
  • American Bar Association (Member of Real Property, Probate and Trust Section)
  • Leadership Coastal Alabama, Class of 2004
  • Main Street Mobile
  • Downtown Mobile Alliance (Board of Directors)
  • Mobile Lions Club
  • Manufacture Alabama
  • Business Council of Alabama
  • Coastal Conservation Association

Awards

  • Best Lawyers® Lawyer of the Year 2013 and 2022, Real Estate Law, Mobile
  • Best Lawyers® Lawyer of the Year 2012, Environmental Law, Mobile
  • Best Lawyers In America©, Corporate Law, Environmental Law, Real Estate Law, 2005—2023 

Biographical Information

Dion J. Moniz is a Member at the Firm and manages the Destin and the Santa Rosa Beach Offices. He represents numerous businesses and individuals throughout Northwest Florida with issues involving business/corporate law, real estate transactions, and commercial litigation.

Mr. Moniz earned his Juris Doctor from the Florida State University College of Law, Cum Laude. He earned his B.S. degree from Florida State University, Cum Laude. Mr. Moniz is admitted to practice in Florida, Alabama, the U.S. District Courts of the Northern District of Florida, and the Middle and Southern Districts of Alabama.

Mr. Moniz is active in the local bar and community. He serves as Chairman of the Florida Bar’s 1st Judicial Circuit Grievance Committee “B” and is a member of the Bar Associations for Okaloosa and Walton County. He is also Past-Chairman of the Destin Chamber of Commerce, Chairman of the Mattie Kelly Arts Foundation, Vice President of Aletha’s Legacy, Past-President of the Rotary Club of Destin, board member of the Ellison McCraney Ingram Foundation, and a member of All Sports Association and 100 Men Who Care. He previously served as Chair and board member for the Bay, Franklin, Gulf Healthy Start Coalition, as Treasurer and Foundation Chair for the Panama City Rotary Club, Chair and steering committee member for the Bay County Chamber of Commerce Junior Leadership Bay Program, and as Co-Chair of the 14th Judicial Circuit First Saturday Legal Clinic. He also served for seven years as a student mentor at Rosenwald Middle School, and volunteered for four years as a Rotary Reader for the Early Learning Coalition of Northwest Florida’s Rotary Read Aloud project. He received the Destin Chamber of Commerce’s Business Person of the Year Award in 2020, the Destin Chamber’s Ann Gibson Community Service Award in 2017, and the Pro Bono Public Service Award in 2007. He was also named to Florida Trend’s Legal Elite in 2022, and has maintained an “AV Preeminent” Rating from Martindale-Hubbell since 2018.

Admissions

  • Florida State Bar
  • Alabama State Bar

Education

  • J.D., Florida State University College of Law, cum laude, 2000
  • B.S., Florida State University, cum laude, 1996

Additional Information

Civic and Professional Affiliations

  • Florida Bar 1st Judicial Circuit Grievance Committee “B” 
  • Okaloosa and Walton County Bar Associations
  • Chairman of the Board – Destin Chamber of Commerce
  • Chair-Elect – Mattie Kelly Arts Foundation, Inc.
  • Vice President – Aletha’s Legacy, Inc.
  • Past President, Past Rotary Foundation & Grants Chair – Rotary Club of Destin
  • Past Treasurer & Rotary Foundation Chair – Rotary Club of Panama City
  • Past Chair and Board Member – Bay, Franklin, Gulf Healthy Start Coalition
  • Past Chair – Bay County Chamber of Commerce Junior Leadership Bay Program
  • Past Co-Chair – 14th Judicial Circuit First Saturday Legal Clinic
  • Walton County Chamber of Commerce
  • Bay County Chamber of Commerce
  • The Florida Bar, U.S. District Courts of the Northern District of Florida,
  • The Alabama Bar, and Middle and Southern Districts of Alabama.
  • Rated AV Preeminent by Martindale-Hubbell (2013 to present)
  • Ann Gibson Community Service Award (2017)
  • Pro Bono Public Service Award in (2007)

Publications and Presentations

  • Published “Workers’ Compensation Settlements: The Next Generation” in The Florida Bar Journal, Vol. 76, No. 7 (July/August 2002).
  • Mr. Moniz presents real estate seminars regularly to real estate agents throughout Northwest Florida. 

 

 

Biographical Information

Kevin D. Obos is a Member with the Firm. He serves as City Attorney for the City of Callaway, the City of Springfield and the City of Lynn Haven. In addition to his extensive local government law practice, he also practices in the areas of Real Estate Law, Business and Corporate Law, Association Law, Construction Law and Civil Litigation.

Mr. Obos is a former Assistant State Attorney and handled civil forfeitures for several local law enforcement agencies. Mr. Obos also represents the Bay County School Board in truancy proceedings. He regularly serves as a presenter for the Central Panhandle Association of Realtors.

Admissions

  • Florida State Bar
  • Federal Bars of the Northern District of Florida and Southern District of Florida

Education

  • J.D., Cumberland School of Law, 2002
  • B.S., Florida State University, 1999

Additional Information

Civic and Professional Affiliations

  • St. Andrews Bay American Inn of Court
  • Bay County Bar Association
  • The Florida Bar
  • Federal Bars of Northern and Southern Districts of Florida
  • Community Associations Institute
  • Florida Association of Police Attorneys
  • Florida School Board Attorneys Association
  • Florida State University Panama City Development Board

Biographical Information

Nathan believes in client-centered service while understanding and meeting the unique needs of each individual client. His practice areas include real estate law, business and general corporate law, probate law and probate litigation, estate planning, and community association law. Nathan is admitted to practice law in Florida and Alabama and works in the Santa Rosa Beach and Destin offices.

Prior to joining the Firm, Nathan was the Managing Attorney and In-House Counsel for a local real estate company, and he was previously in private practice in the Panhandle and in Tuscaloosa, Alabama. While in private practice in Tuscaloosa, Nathan was an Adjunct Instructor for legal seminars in the Honors College at The University of Alabama. Nathan earned his law degree from The University of Alabama School of Law, and his Bachelor of Science in business and real estate from The University of Alabama, summa cum laude.

Born and raised in lower Alabama, Nathan grew up with Destin and South Walton in his back yard. After relocating to the area, Nathan immediately set out to establish a legacy of active community involvement. He is currently Chair-Elect of the Walton Area Chamber of Commerce’s Board of Directors, and he serves on the Board of Directors of Westonwood Ranch in Freeport. Nathan also served as President of the Young Professionals of Walton County in 2020, and in 2019, he was chosen as Young Professional of the Year by his peers in the local Walton County community. Nathan served as President of his 2018 Leadership Walton class and President of the Emerald Coast Real Estate Council until 2019. Additionally, Nathan enjoys being active in both the Florida and Alabama state bar associations and presenting seminars to real estate agents in the Panhandle area.

Outside of his professional obligations, you can find Nathan cheering on the Alabama Crimson Tide and the New Orleans Saints in the fall, traveling, enjoying his record collection, trying new recipes in the kitchen, or enjoying all of the wonderful things about living along the beautiful Emerald Coast.

Admissions

  • Florida State Bar
  • Alabama State Bar

Education

  • J.D., University of Alabama School of Law, 2015
    • Honors/Leadership: Certificate in Public Interest Law; Dean’s Community Service Award; Board of Governors, Law Student Division of the American Bar Association; President, Bench & Bar Honor Society; Senator and Treasurer, Student Bar Association; High Pass/Best Paper – Mediation and Trial Advocacy I and II
  • B.S., University of Alabama, 2012, summa cum laude
    • Honors/Leadership: Faculty Excellence Award, Highest Senior GPA; Hulsey Real Estate Scholar; Anderson Society; Mitchell Business Scholar; Justice – Academic Honor Council; Mortar Board Senior Honor Society

Additional Information

Civic and Professional Affiliations

  • Chair-Elect, Walton Area Chamber Board of Directors (2021)
  • Secretary/Counsel, Westonwood Ranch (2019-Present)
  • Past-President, Young Professionals of Walton County (2020)
  • Young Professional of the Year (2019)
  • Past-President, Leadership Walton (2018)
  • Past-President, Emerald Coast Real Estate Council (2017-2019)
  • Walton County Chamber of Commerce

Publications and Presentations

  • “A View From the Backside of the Pandemic: Turning Burnout into Opportunities for the Future” – Alabama State Bar Annual Meeting, 2021
  • Former Adjunct Instructor, The University of Alabama Honors College
  • Local Real Estate Seminars

Biographical Information

Originally from Australia, Yanya received her undergraduate degree from the University of Notre Dame Australia.  She then attended Georgetown University Law Center in Washington, D.C. and subsequently practiced in the Washington, D.C., New York and London, England offices of an international law firm.  After returning to Perth, Australia to serve as general counsel for a publicly traded corporation for several years, Yanya ultimately returned to the United States to pursue her career and family objectives.  The geographic breadth and scope of Yanya’s practice have allowed her to glean experience in a broad array of transactions across a variety of industries, ranging from intellectual property, real estate development and corporate governance to mergers and acquisitions.  Many of the transactions in which Yanya has been involved have addressed international law issues and often have spanned multiple states in the US. Commercial, mixed-use and residential real estate development, commercial leasing and asset/share acquisitions and dispositions are particular areas in which Yanya has significant experience and in which she has successfully advised clients in working through the myriad of applicable issues. Yanya’s diverse background and experience grant an enlightened perspective and make her uniquely suited to serve the needs of the Firm’s clients.

Admissions

  • Alabama State Bar
  • New York State Bar
  • Western Australia

Education

  • University of Notre Dame, Australia (LLB, Hon)
  • Georgetown University Law Center (LLM, Securities and Financial Regulation)
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