Friday, January 22, 2021

109 Bad Tenants - Active Income, Passive Wealth Show

https://carolinahardmoney.com/109-bad-tenants-active-income-passive-wealth-show/

Ugly Questions for today’s episode.

1. What happens when you buy a house with a tenant and cant get them out?

2. As a lender do I want to do short term or long term loans?

Carolina Capital is a hard money lender serving the needs of the “Real Estate Investor” and the “Small Builder” borrower who is striving to build wealth and generate income for themselves and their families. We offer “hard money rehab loans” and “Ground up Construction Loans” for investors only in NC, SC, GA, VA and TN (some areas of FL, as well).

As part of our business practices, we also serve as consultants for investors guiding them to network with other investors and educating them in locating and structuring transactions. Rarely, if ever, will you find a hard money lender willing to invest in your success like Carolina Capital Management.

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Bill Fairman (00:00):

The screen.

Jonathan Davis (00:00):

There you go.

Bill Fairman (00:02):

Hi there! What would happen if you bought a house that was tenant occupied, but your actual idea of what you were going to do with this house was to fix and flip it or to fix it up and rent it for more money. But all of a sudden, you can't get your tenants out after you've bought the house. We'll have that next. Hi, everyone. Bill Fairman with Carolina Capital Management, I hope you're doing well. We have a Wendy Sweet and Jonathan Davis on the, in the corners. I know it's a little weird seeing us all in different rooms. Many of you know, we've moved locations, but I'm also in a undisclosed bunker and clearwater partner right now. So welcome to the show. It is the Passive Income, Active Wealth show. By the way, I have had, what? What's so funny? Did I not get it right?

Jonathan Davis (01:19):

It said Active Income, Passive Wealth.

Bill Fairman (01:20):

It is Active Income, Passive Wealth.

Wendy Sweet (01:21):

It is.

Bill Fairman (01:21):

Okay. And I said, show. Okay,

Wendy Sweet (01:27):

You got it right.

Bill Fairman (01:27):

So we got, we have a great couple of ugly question topics and we're going to cover that. What do you do when you can't get a tenant out of the house after you purchase it? I know that's happened. And it's a big concern to folks. What do you do? Make sure you buy a short-term rental is one of them. Just kidding. I would like to add that usually in this segment, we're doing some of the employment numbers and what's happening in the market and I got none of that for you. I've been on the road for a week and a half and I have been watching zero news but I have been engaged in two high level masterminds while we were there and I would just like to touch on a couple of things we are going to have in a future show, probably the second weekend in January, we're going to have the,

Wendy Sweet (02:21):

The 14th actually. We've got it. We got it scheduled.

Bill Fairman (02:24):

So we're going to have some of our investor friends that were at these masterminds to kind of put a bow on what they learned at these two masterminds. You're going to get some incredible insight. Now I'll just do a little overview and I think the theme was, it's funny, it was the thing was kind of the same with both. One is about making sure that you're hedging constantly. You don't want to be a one trick pony. Now, I don't want you to be confused. Think that you're, um, you don't have to get good at what you do. You have to be a one trick pony in the beginning because you got to get really good and hone that skill that what makes you good. Once you've got that down, then you can start branching out into some other forms of hedging and what we mean by hedging is multiple streams of income. You have to have that in your business because as markets change, you may have to make a change in that thing that you're really good at but if you have multiple streams of income, it will help support you while you have to make that change, because you're probably not going to have a lot of revenue from that business model that's not working currently. The other thing that is really important is to have passive reoccurring income. It doesn't necessarily have to be passive, but it definitely needs to be reoccurring. So a lot of businesses are moving to the, you know, pay monthly kind of service. It's a great model. If you want to sell that business down the road and essentially all they have to do is step in and you've got income coming that is constantly coming in. Stop laughing. My brain has been pushed full of stuff all week. So I got stuff dripping out of my ears. The reentering income is a great model to go to cause anybody would be interested in buying a business that they know they've got income coming in for the next so many years. 1-800-FLOWERS is, or I'm sorry, it's bloom. One of those, flower companies where instead of the normal, you know, brick and mortar, they went to all the restaurants and hotels in their local area and put them on a subscription service where they would, you don't have to worry about the flowers. We're always going to bring stuff that is in season and beautiful and we'll take care of it. And you're always going to get our best stuff and they charge them a fee. Now that's a great model as long as hotels and restaurants are operating. Remember you got to hedge, so you have to have another source of income when those are down, right? So if there's a way that you can figure out how to make parts of your business reoccurring monthly services, that that's the route to go. The other main point that I will make is these masterminds are full of people that are doing one of two things. They're either trying to get to the next level or they're trying to downsize a bit so their business now can become more of a lifestyle thing where they don't have to spend as much time, but they still still get the revenue that they're used to getting. So the theme there was building your business where it is just like a real business, where there's a CEO, a COO, you have the visionary that has to think they have to have time to be out of the weeds in order to come up with the date and day ideas for the company to continue to thrive because the one thing that we're all aware of is that we're always going to be in flux. There's always going to be changed and the changes keep coming more rapidly than we're used to you think about all the folks that are out there that worked for same company for 30 years, got a pension, that kind of stuff that doesn't have me anymore. There's a lot of people that are corporate folks. They like being in corporate.

Jonathan Davis (06:51):

Do you think it's going to start happening again though?

Wendy Sweet (06:54):

What do you mean? What do you mean Jonathan?

Wendy Sweet (06:59):

Oh, we'll just, you know, people working long-term like long timeframes for companies and companies being more about their employees. I mean, cause you saw that from the new deal on up until the seventies and then the seventies, and we had this new economic revolution where we thought, Oh, it's not about the employees or the people it's about the shareholders. So, you know, then it's, you know, when all to how much money can we make at the sacrifice and everything else, is that me crackling? Weird.

Bill Fairman (07:36):

It sounds like it,

Wendy Sweet (07:39):

Either that or somebody's typing. Really fast. Way faster than I can.

Jonathan Davis (07:45):

I'm not sure why it's crackling.

Bill Fairman (07:48):

All right. Not that your content isn't worthy, but shut the hell up

Jonathan Davis (07:52):

Yeah. What's doing it? Well,

Bill Fairman (07:56):

I know what you mean there, that the cultures of the larger companies are being more employee favored. I get that. But there's still, if you don't have the right culture in your business, you still have a ways of saying a cancer being in there. If everybody has to be on board, then with the large companies, it only takes one or two that are not on board with the culture to really screw it up for everybody and that's what it boils down to. If you're going to go into business, make sure you're hiring and working with and this is your customers as well, working with people you want to work with people that fit your culture. That's why as a business owner, you're creating a tribe for number one, your clients, your buyers, borrowers, whatever business you're in. Your clients want to be part of your tribe and the same thing applies to employees. They, they want to be part of your tribe as well. They want to go to that next level with you. They understand your culture and believe even if, otherwise you can still make a living, don't get me wrong. You can still make money. The problem is you're going to have so much extra unneeded drama that you're going to hate what you're doing, Wendy?

Wendy Sweet (09:33):

I agree. A hundred percent.

Bill Fairman (09:37):

[Inaudible] to us? Are you trying to get us some more?

Wendy Sweet (09:37):

I am a hundred percent. Actually, if you want to know, what's really going on is I have a tenant then I just bought, I just bought a house. There's a tenant in it. I'm trying to get them out and I'm literally talking back and forth to the tenant trying to get them out, which is what our next question's about but anyway, you keep going.

Bill Fairman (10:01):

That's a great segue. So here's the question. What happens when you do buy a house that is currently tenant occupied? How do you get them out? Let's assume that there's, you know, a month to month lease or they've expired on that lease, or maybe that lease hadn't expired. Let's start from the beginning. What happens if it's all you, if you buy a house as a year lease in place and you're trying to get them out before the year is up, right?

Wendy Sweet (10:31):

Well, the biggest thing is, is, um, I know it's true in the state of North Carolina. I'm not so sure if that's a fact in South Carolina and that's where this house is, but whenever you buy a house that's tenant occupied, you really, you need to go buy the lease that's already in place. So if they just renewed that lease for a year and they've got 11 months left on it, you've got 11 months, you got to give them, unless you come up with a creative way to get them out. Well talk about some of those creative ways, but we have actually a borrower who just closed on a loan the day before yesterday and he called me and said, Hey, I've got this tenant in a house that we just closed on and they're telling me that the only way they're going to leave is if a sheriff comes and brings them papers to leave with so they're a little bit, you know, they don't understand, what, where that's, coming from, or, you know, how are they going to get him out? So he called me to try to get ideas of how they could get them out and the only thing that I could think of is, you know, the cash for keys. That's probably the best thing that you can do is offer them cash for keys. But gosh, when you are buying a house and my partner, Darren and I, on the house buying business, we've actually purchased two houses now that have tenants in them. We actually negotiated a price down on the purchase because there were tenants in the house. We said, you know, we want a $5,000 discount. If we're going to be the ones that have to get them out. So, that I thought that was a really good move and it worked, I mean, they took the $5,000 cut for us to get the tenants out, but you know, when a tenant is in the house, you're there. Most sites are tenant friendly so it's a hard thing. It's a hard thing to find. Have you had to deal with that, Jonathan?

Jonathan Davis (12:47):

Thankfully, no, I haven't had to deal with it. I mean, with the CDC saying, you know, a moratorium on evictions right now, I mean, anyone who bought a house with tenants in it right now has the potential feeling this issue right now. It's what do you do when, for me, I think it's like, it's this bigger issue. It's like as a society, we've made this collective thought that everyone who owns houses, that they rent somehow is rich and we shouldn't have to protect them. We need to protect the tenants who are living there because they're, you know, they're tenants, they're not rich and I don't think it boils down to those things. I mean, most people I know who buy houses, but tenants in it, they have debt on it and they have to pay that by that is because that income is more than the debt that they have to pay. So, you know, they cash flow that house, their debt with the income, and they don't have that income anymore. They don't have the extra money to pay it. So I think it's an issue for a lot of lenders right now. There's a lot of I guess, borrowers or owners that, what do you do? What can you do? And I think you hit on it. I mean the most cost-effective way that I have found is cash for keys, like, Hey, I'll help you find a house. I'll help you moving expenses, whatever it is to get you where you need to go because the thing is, if you fight it legally, you're going to spend so much more money. I mean, I was talking with one of our, a one-off lenders and he spent $30,000 trying to get someone out of his house. It's insane. So, I mean, sometimes you want to just take the off the hard stance and say, well, you're getting out of my house and I'm going to do this and usually that hard stance is not the most effective, you have to do it. These are people's lives, you can't forget that. This is someone's home. So you can't forget that you have to act with compassion and humility and if you do those things, typically, you can find a solution and like you and I said, the most, the best solution that I have found is helping that person find a new place.

Wendy Sweet (15:19):

That's right. And that's actually what I'm working on right now. We just closed on a house. The tenants paying 650 a month. And, you know, we can come in renovate that house and get it up to 950 big difference. There's no way she's going to be able to afford a 950 a month and, so we're looking for another property to move her to, and we'll pay her deposit. You know, she'll get her deposit back from what we got at the closing, but we're also going to pay her deposit for her new house to help move her or if she needs us to, you know, hire some movers and move or we'll do that because we want to make sure that she's taken care of and she has what she needs, that, you know, that's the only thing that's kinda sad about what we do as real estate investors. You know, we're coming in, we're buying properties. Our goal is to fix them up and make them cashflow. I mean, why are people selling them in the first place? They don't cashflow. They're tired of dealing with the tenant that they have. There's so many different reasons why they're buying them well, if we're going to buy it, we've got to do those things to get them cash flowing and make sure that we've got a return on our investment and let me just remind people too, that we are Carolina Hard Money, we're lenders and don't forget to like, share, subscribe and then, I guess that's a hit the bell. I'm not sure what that means, but we'll figure that one out.

Jonathan Davis (16:57):

And also if you have any questions or comments, when joining the discussion, you know, there's a comment section up, downside, wherever it is for you. Especially, if you're on the computer watching this, you can find the comments.

Wendy Sweet (17:10):

That's right. That's right. But anyway, the cash for keys, I think is a great alternative, because people really, they need help in getting out and, if you approach that person with some true empathy and understand that you're really putting them in a big difficult situation that you're willing to help, that'll make a big difference in how they're gonna respond. I think our borrower, when he called me and said he was having issues, I think he just really started it off kind of wrong in the first place. He started off, you know, Hey, I'm going to get, I've given you an eviction notice and instead of, you know, we bought the property, here's our plans for it. Is there a place that you can go, do you need my help? There's just so many different things you can do and the tenant had just gotten out of jail. He still had his ankle bracelet on and so he's got a nice big fight in front of him, but there are definitely ways to make a difference and help somebody with what you can do for them. so I think at this point we can probably go to the next question. What do you think?

Jonathan Davis (18:39):

Yeah, I think, you know, just to sum up, I mean, we, can't forget, we're all in this together. We're all humans, you know, and also, I mean, just, you know, if it's in our best interest to help other people, especially when it helps us. So let's help others and this is one that we can, you know, you will get those tenants who, I mean, who would just look you straight in the face and say, I'm going to stay here as long as I can, and you can go pound sand. You will get those, you know, that's a whole different scenario. In that case mean you do have to file a legal action. So before you buy a house with a tenant, one, review the lease, know your outs, know what you can do, what you can't do, review the state law there to know what you can and can't do before you purchase that. I mean, the best way in my experience, if you're going to buy 10 occupied properties is to get, you know, to buy them when they're a month, a month or once, you know, or very close to the lease expiration. It doesn't always work out that way. But typically when you're dealing with a value add property, most of those leases are going to be month to month. It's going to make it easier to get that tinted out.

Wendy Sweet (19:59):

Right. And, you know, I kinda, I felt bad when I first talked to any investor that comes to us wanting to do a loan, I always ask them, you know, a series of questions about their goals and you know, what's going on with the house, what's your intention, that kind of thing. And he did not tell me and I didn't ask if the house was tenant occupied. That's a question I'm going to have to start asking every time, if their intention is for a fix and flip, I need to be asking, is it tenant occupied? Because he had never bought a house that was tenant occupied. He didn't know to ask to see the lease. He just took the word and it came through a wholesaler. So he took the word of the wholesaler. So he didn't ask to see the lease. He didn't ask to see the rent roll. He didn't ask to see proof that the has been paying and he didn't at the closing request a portion of the rent that had been paid because it was paid in the middle of the month and he didn't request the deposit to be transferred at the closing table so whenever you're buying a property and there's a tenant in place, somebody is making money off the monthly payment. Somebody collected the deposit on it and somebody has to have a copy of that lease. I mean, this guy didn't even know the tenants name when he bought the house. That's just a very, it's a very unknowing place to be and you're shooting blanks. You have nothing to fall back on so just make sure that you ask for those things. The proof of payment, and they can show you bank statements or canceled checks or anything like that. You want to see the lease and read it every word, and you want to see whether or not they collected a deposit on it because that's really, really important stuff. The other thing I think that's really important to know about a lease is you want to know whose names are on the lease to be able to live there because it may be that the people that are there, we've had this happen, the people that are living there, aren't the same people that are on the lease. You know, somebody moved in to take somebody else's roommates place, and then another roommate came in and, and lo and behold, they really didn't have a lease at all. They're living there for nothing with no responsibility whatsoever. We've actually had that happen. So it's important that you have that information.

Jonathan Davis (22:29):

Yep. Great. I think we can move on to, the second question or second other question. I think it's a pretty question, but

Wendy Sweet (22:40):

It is a pretty question. Go ahead and ask.

Jonathan Davis (22:42):

Yeah. As a lender, do I want to do short-term or long-term loans? And that is a fantastic question. I mean, before you start lending money, you need to figure that question out and it really comes down to a handful of things and, and Wendy, if you want to jump in on that, and then I can get in after you make your points,

Wendy Sweet (23:04):

That's right. Well, the first thing is that, you know, there's no right or wrong answer, you know, it's really, depending on what your goals are, right? An as a lender. You've got the short-term loans and you've got long-term loans. Where are you on your path to retirement? Or have you already retired? Are you planning a college education? Do you need income now? What is your risk tolerance? How do you feel about what's going on in the market? That's, you know, cause gosh, who knows what's happening in the market? There's all sorts of questions that you really need to figure out for yourself before you can decide whether a short-term loan or a long-term loan is what's best for you and we know plenty of people that do both that will do short term loans. It's kind of like being diversified. You know? You do short-term loans, your short-term loans usually have a higher interest rate, where your longer term loans have a lower interest rate, but it's money that you can count on and you've know you're getting it every single month. And long-term in, in my opinion, long-term is three to five years or three to 30 years would be long-term. It can last as long as you can, stomach it is, is kind of the way to look at it. Short term to me is a six to, you know, 12 to 18 month loan, something like that. So that's really what I'm looking at now, as a short, we like short-term loans. And as short term lenders, our short term is really between six and 12 months. Sometimes we go up to 18, but really short-term is six to 12 months and our number one reason for that is because we liked the idea of being able to turn this ship whenever we need to turn it, because we don't know what's going to happen in the market.

Jonathan Davis (25:04):

You said, turn this sh--. And I was like, what are you going to say? Turn this ship. Turn it around.

Wendy Sweet (25:15):

So wouldn't you agree? That's kind of why we're more in the short term than we are a long-term?

Jonathan Davis (25:20):

Yeah. I mean, so your goals are definitely like, you know, what do you want, where are you at in life? And then, um, it also comes down to deal flow. I mean, if I have a hundred thousand dollars and I'm seeing one deal every three or four months, I'm probably going to be a long-term lender because I'm not going to be able to place those funds constantly to keep them working because if I place a hundred thousand dollars in a loan, and I only have that a hundred thousand working for eight months out of the year, I'm not making the returns that I thought I was making. So I might work that capital deployed longer in a 36 to 60 month, or, I mean, even 360, if that's your sort of thing, but in a longer term products, I mean, yeah, for us, I mean, we, like to shorter stuff, because one allows, you know, we can watch market conditions and we have the deal flow to, you know, if something pays off early, we can get it working right away again. So we can keep that money recycling. If we didn't have the deal flow, then we wouldn't have to start potentially looking at doing longer and longer loans to keep that money working, to get, to get a consistent deal

Wendy Sweet (26:46):

That's exactly right. You know, we've got Bill in the background, his computer was going wacko.

Jonathan Davis (26:52):

He said it was me. I knew it wasn't me.

Wendy Sweet (26:57):

It's everybody. And so he's on audio. So just wanted to mention that we can hear him when he's ready to start talking.

Bill Fairman (27:05):

It's never my fault. It's so weird. I've got my fairly new Mac book here, and it just doesn't like this particular format for my camera and I've used it before, but it's so weird. Anyway, sorry about the technical difficulties. The one thing about short term and long-term notes is typically you're going to get a lower return right? On the long-term loans, but to offset that you don't have to worry about getting new deals, you know, you're going to be in it for a longer period. So if you're, frankly, if you're not as connected and you can't really get in with a network that has a lot of deals going, you might be better off just sticking it in a longer term deal. Cause you know, you're going to get that reoccurring revenue for a long period of time. So it's worth to have the lower returned and to have to do the work of getting new deals.

Jonathan Davis (28:10):

And it also even comes down to how you structure those. Like let's say it's a three or five-year loan or is it still interest only, or are you accepting principal payments as well? So are you amortizing it? So then if you are amortizing it, you are getting principal in every month with your payment and that's principle that you're not making interest on the next month that you have to get working again. So that's another thing to think about when you're doing those long-term loans.

Wendy Sweet (28:37):

That's good.

Bill Fairman (28:38):

Oh, I was going to say one other way. You can structure a long-term note to help with and see, this is the beauty of long-term notes for the borrower is that you're locked into a rate for a long period of time. You always know what your payment's going to be. Now as the note holder, you want to be able to keep up with the current market and that's the fear. That's why they don't want to do longer term loans. You know what, if I'm lending this money at 6% now the interest rate nationally is 18 and believe me, it's been 18 before. I know I'm old enough to remember that. That said, here's what you do. You structure a note that has, what's called a call option. So every two to three years, you can reevaluate a loan depending on how long the call is that you have a three-year call. It doesn't mean at the balloon. It doesn't mean it's an adjustable. It means it's a call option. The lender has the option to call the note due, raise the interest rate, leave it the way it is for the next three years. That's a good way to put those together.

Jonathan Davis (29:51):

Yep, absolutely. You're right.

Wendy Sweet (29:53):

You know, and if you are a private money lender, and that's what I would imagine the majority of people that are listening are, is they're interested in lending their own self-directed IRA or cash that they have in the bank and that kind of thing. It can become a job to keep your money turning if you're doing short term loans. It's, you know, you gotta know when that payoff is going to be, you're going to kind of judge when it's going to happen, because although the pay office set for this date, it doesn't mean that it's actually going to occur then, and then you want to make sure that you have someone else lined up that as soon as that money comes in, as a payoff, you're able to put it back out. You know, we've got a good friend lender and he usually listens to this podcast who Don Harris, who, you know, I was just talking to him this morning. He emailed me, you know, when's this loan going to pay off? And I said, well, it's good either pay off on the pay off date or over the next couple of weeks after that and the reason why he was asking is because he already has that money placed for somebody else. So, you know, he's got it set up, but it's, I mean, it's a job. You've got to really keep up with it. One way to avoid it from being a job is if you are lending to someone that, you know, like, and trust, they're paying you on time, you know, they're getting into good deals. You trust what they're doing, you like the market that they're in, you can set it up so that you really just do a substitution of collateral. When one loan is ready to pay off, you just take the money and move it to a new piece of collateral and that way, the money's not ever coming back to the lender, it's continuing to earn that interest. It just moves from property to property, to property and I know lots of really good trustworthy investors that are doing that very successfully.

Bill Fairman (31:56):

That's good. So we don't have any questions about the shorter long-term loans. Basically, it all comes down to, you know, where you are in your investing life, how much hands on you want to be, or hands-off like Wendy was saying, there's lots of opportunity to still be hands-off and still be in the short term loans but you're the one trusting someone else to handle that for you.

Wendy Sweet (32:27):

That's right.

Jonathan Davis (32:29):

Well, just jump in here real quick on those long-terms. I mean, when you think longterm, you automatically think less hands-on, but if you're in five, 10, 20, 30 year loan, you have to be as the lender, you need to be tracking those taxes. You need to be tracking insurance because the last thing you want as a lender is four years of taxes not being paid by the borrower and then it goes to tax sale like, you know, so there is still some hands on.

Bill Fairman (32:56):

Well, I would, if I'm doing a long-term loan, I'm running it through a servicer and I'm going to require escrows for taxes and insurance. The reason we don't typically ask her for taxes and insurance, because the loans only last six months, but if you're doing anything, you know, North of two years, I would always do the escrows for taxes and insurance and, well, Scott did throw in a question here about talk more about what insurance, any lender needs. Well, I would always have a balloon policy that covers liability for your lending business, no matter what you do but you're looking for, you need to make sure the borrower has at least a fire policy on that property. Correct? So it needs to, for you, it needs to cover the loan amount, but for the borrower, it really needs to cover the the cost to rebuild it.

Jonathan Davis (34:03):

Yeah. And it depends on what you're doing with the property. Is there a tenant there then you're going to want to landlord policy? I mean, typically you want to see that the landlord policy covers loss, rents, you know, stuff like that. If it's a fix and flip on it, that's a short term. I mean, you're going to see a builder's risk policy and if it's just a bridge, I mean, kind of, like you said, you want to see kind of a balloon policy or just some kind of fire has just, you know, straight hazard insurance,

Bill Fairman (34:32):

You know, you mentioned this about the landlord stuff. As the. landlord, your tenant should have renter's insurance as well because your insurance company has to pay some stuff for the tenant and if they don't have the insurance, so, and I can't get into the details of what you'd be responsible for, but if they don't have renter's insurance, I would add it to their rent and get the policy for them than yourself.

Wendy Sweet (35:06):

Yeah, a lot of people are requiring that now

Jonathan Davis (35:09):

Yeah. And you can either write that right into the lease and require a renter's insurance for your tenants.

Bill Fairman (35:13):

And it's nothing it's like, you know, 12, 20 bucks a month, something like that. It's very reasonable. All right, folks, we're going to do a wrap on this one, unless anybody has anything else to add? Nope.

Wendy Sweet (35:32):

I think we're good.

Bill Fairman (35:32):

I'm glad you guys get a chance to see me earlier. But, anyway, it was an awesome show. Even without me. Remember we are Carolina Capital Management. Our website is CarolinaHardMoney.com. If you're in a borrower, interested in borrowing money, go to the, uh, apply. Now tab. If you are an investor, you're going to make passive income or passive returns or income, doesn't matter. It's all passive. Don't forget the share, like subscribe, hit the bell, all that good stuff to acknowledge you like the show have a wonderful week and we shall see you soon. Take care.

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