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Regulation CC
Availability of Funds And Collection Of Checks

Appendix C to Part 229--Model Forms, Clauses, and Notices
Appendix D to Part 229--Indorsement Standards

Appendix C to Part 229--Model Availability Policy Disclosures, Clauses, and Notices

     This Appendix contains model availability policy disclosures, clauses, and notices to facilitate compliance with the disclosure requirements of Regulation CC (12 CFR Part 229). Although use of these models is not required, banks using them properly to make disclosures required by the Regulation CC are deemed to be in compliance.

Model Availability Policy Disclosures
C-1 Next-day availability
C-2 Next-day availability and Sec. 229.13 exceptions
C-3 Next-day availability, case-by-case holds to statutory limits, and
          Sec. 229.13 exceptions
C-4 Holds to statutory limits on all deposits (includes chart)

C-5 Holds to statutory limits on all deposits

Model Clauses

C-6 Holds on other funds (check cashing)
C-7 Holds on other funds (other account)
C-8 Appendix B availability (nonlocal checks)
C-9 Automated teller machine deposits (extended hold)
C-10 Cash withdrawal limitation
C-11 Credit union interest payment policy
C-11A Availability of Funds Deposited at Other Locations

Model Notices

C-12 Exception hold notice
C-13 Reasonable cause hold notice
C-14 One-time notice for large deposit and redeposited check exception holds
C-15 One-time notice for repeated overdraft exception holds
C-16 Case-by-case hold notice
C-17 Notice at locations where employees accept consumer deposits
C-18 Notice at locations where employees accept consumer deposits

     (case-by-case holds)
C-19 Notice at automated teller machines
C-20 Notice at automated teller machines (delayed receipt)
C-21 Deposit slip notice

Model Availability Policy Disclosures

C-1--Next-Day Availability

Your Ability to Withdraw Funds
 

     Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use them to pay checks that you have written.
     For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before (time of day) on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after (time of day) or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
C-2--Next-day availability and Sec. 229.13 exceptions

Your Ability to Withdraw Funds

     Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written.
     For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before (time of day) on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after (time of day) or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

Longer Delays May Apply
 

     Funds you deposit by check may be delayed for a longer period under the following circumstances:

  • We believe a check you deposit will not be paid.
  • You deposit checks totaling more than $5,000 on any one day.
  • You redeposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the last six months.
  • There is an emergency, such as failure of computer or communications equipment.
     We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the (number) business day after the day of your deposit.

Special Rules for New Accounts

     If you are a new customer, the following special rules will apply during the first 30 days your account is open.
     Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit.
     Funds from all other check deposits will be available on the (number) business day after the day of your deposit.

C-3--Next-Day Availability, Case-by-Case Holds to Statutory Limits, and Sec. 229.13 Exceptions

Your Ability To Withdraw Funds

     Our policy is to make funds from your cash and check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written.
     For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before (time of day) on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after (time of day) or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

Longer Delays May Apply

     In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the fifth business day after the day of your deposit. The first $100 of your deposits, however, may be available on the first business day.
     If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.
     If you will need the funds from a deposit right away, you should ask us when the funds will be available.
     In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

  • We believe a check you deposit will not be paid.
  • You deposit checks totaling more than $5,000 on any one day.
  • You redeposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the last six months.
  • There is an emergency, such as failure of computer or communications equipment.
     We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the (number) business day after the day of your deposit.

Special Rules for New Accounts

     If you are a new customer, the following special rules will apply during the first 30 days your account is open.
     Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit.
     Funds from all other check deposits will be available on the (number) business day after the day of your deposit.

C-4--Holds to Statutory Limits On All Deposits (Includes Chart)

Your Ability To Withdraw Funds

     Our policy is to delay the availability of funds from your cash and check deposits. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written.

Determining the Availability of a Deposit

     The length of the delay is counted in business days from the day of your deposit. Every day is a business day except Saturdays, Sundays, and federal holidays. If you make a deposit before (time of day) on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after (time of day) or on a day we are not open, we will consider that the deposit was made on the next business day we are open. The length of the delay varies depending on the type of deposit and is explained below.

Same-Day Availability

     Funds from electronic direct deposits to your account will be available on the day we receive the deposit.

Next-Day Availability

     Funds from the following deposits are available on the first business day after the day of your deposit:

  • U.S. Treasury checks that are payable to you.
  • Wire transfers.
  • Checks drawn on (bank name) [unless (any limitations related to branches in different states or check processing regions)].

     If you make the deposit in person to one of our employees, funds from the following deposits are also available on the first business day after the day of your deposit:
  • Cash.
  • State and local government checks that are payable to you [if you use a special deposit slip available from (where deposit slip may be obtained)].
  • Cashier's, certified, and teller's checks that are payable to you [if you use a special deposit slip available from (where deposit slip may be obtained)].
  • Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to you.
     If you do not make your deposit in person to one of our employees (for example, if you mail the deposit), funds from these deposits will be available on the second business day after the day we receive your deposit.

Other Check Deposits

     To find out when funds from other check deposits will be available, look at the first four digits of the routing number on the check:
 

BILLING CODE 6210-01-C
     Some checks are marked ``payable through'' and have a four-or nine-digit number nearby. For these checks, use this four-digit number (or the first four digits of the nine-digit number), not the routing number on the bottom of the check, to determine if these checks are local or nonlocal. Once you have determined the first four digits of the routing number (1234 in the examples above), the following chart will show you when funds from the check will be available:




-------------------------------------------------------



First four                                  When funds are available if a
digits from             When funds are       deposit is made on a Monday
routing number            available


[local numbers].........$100 on the first business   Tuesday.
                         day after the day of your
                         deposit.



                        Remaining funds on the       Wednesday.
                         second business day after
                         the day of your deposit.



All other numbers.......$100 on the first business   Tuesday.
                         day after the day of your
                         deposit.


                        Remaining funds on the       Monday of the
                         fifth business day after     following week.
                         the day of your deposit.


-------------------------------------------------------


     If you deposit both categories of checks, $100 from the checks will be available on the first business day after the day of your deposit, not $100 from each category of check.

Longer Delays May Apply

     Funds you deposit by check may be delayed for a longer period under the following circumstances:

  • We believe a check you deposit will not be paid.
  • You deposit checks totaling more than $5,000 on any one day.
  • You redeposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the last six months.
  • There is an emergency, such as failure of computer or communications equipment.
     We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the (number) business day after the day of your deposit.

Special Rules for New Accounts

     If you are a new customer, the following special rules will apply during the first 30 days your account is open.
     Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit.
     Funds from all other check deposits will be available on the (number) business day after the day of your deposit.

C-5--Holds to Statutory Limits on All Deposits

Your Ability To Withdraw Funds

     Our policy is to delay the availability of funds from your cash and check deposits. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written.

Determining the Availability of a Deposit

     The length of the delay is counted in business days from the day of your deposit. Every day is a business day except Saturdays, Sundays, and federal holidays. If you make a deposit before (time of day) on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after (time of day) or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
     The length of the delay varies depending on the type of deposit and is explained below.

Same-Day Availability

     Funds from electronic direct deposits to your account will be available on the day we receive the deposit.

Next-Day Availability

     Funds from the following deposits are available on the first business day after the day of your deposit:

  • U.S. Treasury checks that are payable to you.
  • Wire transfers.
  • Checks drawn on (bank name) [unless (any limitations related to branches in different states or check processing regions)].
     If you make the deposit in person to one of our employees, funds from the following deposits are also available on the first business day after the day of your deposit:
  • Cash.
  • State and local government checks that are payable to you [if you use a special deposit slip available from (where deposit slip may be obtained)].
  • Cashier's, certified, and teller's checks that are payable to you [if you use a special deposit slip available from (where deposit slip may be obtained)].
  • Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to you.
     If you do not make your deposit in person to one of our employees (for example, if you mail the deposit), funds from these deposits will be available on the second business day after the day we receive your deposit.

Other Check Deposits

     The delay for other check deposits depends on whether the check is a local or a nonlocal check. To see whether a check is a local or a nonlocal check, look at the routing number on the check:

BILLING CODE 6210-01-P

BILLING CODE 6210-01-C

     If the first four digits of the routing number (1234 in the examples above) are (list of local numbers), then the check is a local check. Otherwise, the check is a nonlocal check. Some checks are marked ``payable through'' and have a four-or nine-digit number nearby. For these checks, use the four-digit number (or the first four digits of the nine-digit number), not the routing number on the bottom of the check, to determine if these checks are local or nonlocal. Our policy is to make funds from local and nonlocal checks available as follows.
     1. Local checks. The first $100 from a deposit of local checks will be available on the first business day after the day of your deposit. The remaining funds will be available on the second business day after the day of your deposit.
     For example, if you deposit a local check of $700 on a Monday, $100 of the deposit is available on Tuesday. The remaining $600 is available on Wednesday.
     2. Nonlocal checks. The first $100 from a deposit of nonlocal checks will be available on the first business day after the day of your deposit. The remaining funds will be available on the fifth business day after the day of your deposit.
     For example, if you deposit a $700 nonlocal check on a Monday, $100 of the deposit is available on Tuesday. The remaining $600 is available on Monday of the following week.

Longer Delays May Apply

     Funds you deposit by check may be delayed for a longer period under the following circumstances:

  • We believe a check you deposit will not be paid.
  • You deposit checks totaling more than $5,000 on any one day.
  • You redeposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the last six months.
  • There is an emergency, such as failure of computer or communications equipment.
     We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the (number) business day after the day of your deposit. If you deposit both categories of checks, $100 from the checks will be available on the first business day after the day of your deposit, not $100 from each category of check.

Special Rules for New Accounts

     If you are a new customer, the following special rules will apply during the first 30 days your account is open.
     Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit.
     Funds from all other check deposits will be available on the (number) business day after the day of your deposit.

Model Clauses
C-6--Holds on Other Funds (Check Cashing)

     If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it.

C-7--Holds on Other Funds (Other Account)

     If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.

C-8--Appendix B Availability (Nonlocal Checks)
3. Certain other checks. We can process nonlocal checks drawn on financial institutions in certain areas faster than usual. Therefore, funds from deposits of checks drawn on institutions in those areas will be available to you more quickly. Call us if you would like a list of the routing numbers for these institutions.

C-9--Automated Teller Machine Deposits (Extended Hold)

Deposits at Automated Teller Machines

     Funds from any deposits (cash or checks) made at automated teller machines (ATMs) we do not own or operate will not be available until the fifth business day after the day of your deposit. This rule does not apply at ATMs that we own or operate.
     (A list of our ATMs is enclosed. or A list of ATMs where you can make deposits but that are not owned or operated by us is enclosed. or All ATMs that we own or operate are identified as our machines.)

C-10--Cash Withdrawal Limitation

Cash Withdrawal Limitation

     We place certain limitations on withdrawals in cash. In general, $100 of a deposit is available for withdrawal in cash on the first business day after the day of deposit. In addition, a total of $400 of other funds becoming available on a given day is available for withdrawal in cash at or after (time no later than 5:00 p.m.) on that day. Any remaining funds will be available for withdrawal in cash on the following business day.

C-11--Credit Union Interest Payment Policy

Interest Payment Policy

     If we receive a deposit to your account on or before the tenth of the month, you begin earning interest on the deposit (whether it was a deposit of cash or checks) as of the first day of that month. If we receive the deposit after the tenth of the month, you begin earning interest on the deposit as of the first of the following month. For example, a deposit made on June 7 earns interest from June l, while a deposit made on June 17 earns interest from July 1.

Model Notices
C-11A--Availability of Funds Deposited at Other Locations

Deposits at Other Locations

     This availability policy only applies to funds deposited at (location). Please inquire for information about the availability of funds deposited at other locations.

Model Notices

C-12--Exception Hold Notice

Notice of Hold

Account number: (number)
Date of deposit: (date)
 

     We are delaying the availability of $(amount being held) from this deposit. These funds will be available on the (number) business day after the day of your deposit.
     We are taking this action because:
--A check you deposited was previously returned unpaid.
--You have overdrawn your account repeatedly in the last six months.
--The checks you deposited on this day exceed $5,000.
--An emergency, such as failure of computer or communications equipment, has occurred.
--We believe a check you deposited will not be paid for the following reasons [*]:

-----------------------------------------------------------------

-----------------------------------------------------------------

-----------------------------------------------------------------

[*If you did not receive this notice at the time you made the deposit and the check you deposited is paid, we will refund to you any fees for overdrafts or returned checks that result solely from the additional delay that we are imposing. To obtain a refund of such fees, (description of procedure for obtaining refund).]

C-13--Reasonable Cause Hold Notice

Notice of Hold

Account number: (number)
Date of deposit: (date)
 

     We are delaying the availability of the funds you deposited by the following check: (description of check, such as amount and drawer.)
     These funds will be available on the (number) business day after the day of your deposit. The reason for the delay is explained below:

--We received notice that the check is being returned unpaid.
--We have confidential information that indicates that the check may not be paid.
--The check is drawn on an account with repeated overdrafts.
--We are unable to verify the endorsement of a joint payee.
--Some information on the check is not consistent with other information on the check.
--There are erasures or other apparent alterations on the check.
--The routing number of the paying bank is not a current routing number.
--The check is postdated or has a stale date.
--Information from the paying bank indicates that the check may not be paid.
--We have been notified that the check has been lost or damaged in collection.
--Other:
-----------------------------------------------------------------

     [If you did not receive this notice at the time you made the deposit and the check you deposited is paid, we will refund to you any fees for overdrafts or returned checks that result solely from the additional delay that we are imposing. To obtain a refund of such fees, (description of procedure for obtaining refund).]

C-14--One-Time Notice for Large Deposit and Redeposited Check Exception Holds

Notice of Hold

     If you deposit into your account:

  • Checks totaling more than $5,000 on any one day, the first $5,000 deposited on any one banking day will be available to you according to our general policy. The amount in excess of $5,000 will generally be available on the (number) business day after the day of deposit for checks drawn on (bank name), the (number) business day after the day of deposit for local checks and (number) business day after the day of deposit for nonlocal checks. If checks (not drawn on us) that otherwise would receive next-day availability exceed $5,000, the excess will be treated as either local or nonlocal checks depending on the location of the paying bank. If your check deposit, exceeding $5,000 on any one day, is a mix of local checks, nonlocal checks, checks drawn on (bank name), or checks that generally receive next-day availability, the excess will be calculated by first adding together the (type of check), then the (type of check), then the (type of check), then the (type of check).
  • A check that has been returned unpaid, the funds will generally be available on the (number) business day after the day of deposit for checks drawn on (bank name), the (number) business day after the day of deposit for local checks and the (number) business day after the day of deposit for nonlocal checks. Checks (not drawn on us) that otherwise would receive next-day availability will be treated as either local or nonlocal checks depending on the location of the paying bank.

C-15--One-Time Notice for Repeated Overdraft Exception Hold

Notice of Hold

Account Number: (number) Date of Notice: (date)

     We are delaying the availability of checks deposited into your account due to repeated overdrafts of your account. For the next six months, deposits will generally be available on the (number) business day after the day of your deposit for checks drawn on (bank name), the (number) business day after the day of your deposit for local checks, and the (number) business day after the day of deposit for nonlocal checks. Checks (not drawn on us) that otherwise would have received next-day availability will be treated as either local or nonlocal checks depending on the location of the paying bank.

C-16--Case-by-Case Hold Notice

Notice of Hold

Account number: (number)
Date of deposit: (date)

     We are delaying the availability of $(amount being held) from this deposit. These funds will be available on the (number) business day after the day of your deposit [(subject to our cash withdrawal limitation policy)].
     [If you did not receive this notice at the time you made the deposit and the check you deposited is paid, we will refund to you any fees for overdrafts or returned checks that result solely from the additional delay that we are imposing. To obtain a refund of such fees, (description of procedure for obtaining refund).]

C-17--Notice at locations where employees accept consumer deposits



FUNDS AVAILABILITY POLICY



When funds can be withdrawn


Description of deposit by cash or check


-------------------------------------------------------



Direct deposits......................  The day we receive the
                                             deposit



Cash, wire transfers, cashier's,            The first business day after
 certified, teller's, or government          the day of deposit.
 checks, checks on (bank name) [unless
 (any limitation reIated to branches in
 different check processing regions)], and 
 the first $100 of a day's deposits of
 other checks.


Local checks.........................  The second business day
                                             after the day of deposit.



Nonlocal checks......................  The fifth business day after
                                             the day of deposit.


-------------------------------------------------------
C-18--Notice at locations where employees accept consumer deposits
     (case-by-case holds)

FUNDS AVAILABILITY POLICY

     Our general policy is to allow you to withdraw funds deposited in your account on the (number) business day after the day we receive your deposit. Funds from electronic direct deposits will be available on the day we receive the deposit. In some cases, we may delay your ability to withdraw funds beyond the (number) business day. Then, the funds will generally be available by the fifth business day after the day of deposit.

C-19--Notice at Automated Teller Machines

AVAILABILITY OF DEPOSITS

     Funds from deposits may not be available for immediate withdrawal. Please refer to your institution's rules governing funds availability for details.

C-20--Notice at Automated Teller Machines (Delayed Receipt)

NOTICE

     Deposits at this ATM between (day) and (day) will not be considered received until (day). The availability of funds from the deposit may be delayed as a result.

C-21--Deposit Slip Notice

Deposits may not be available for immediate withdrawal.
 

Appendix D--Indorsement Standards
1. The depositary bank shall indorse a check according to the following specifications:

  • The indorsement shall contain-- --The bank's nine-digit routing number, set off by arrows at each end of the number and pointing toward the number;
    --The bank's name/location; and
    --The indorsement date.
  • The indorsement may also contain--
    --An optional branch identification;
    --An optional trace/sequence number;
    --An optional telephone number for receipt of notification of large-dollar returned checks; and
    --Other optional information provided that the inclusion of such information does not interfere with the readability of the indorsement.
  • The indorsement shall be written in dark purple or black ink.
  • The indorsement shall be placed on the back of the check so that the routing number is wholly contained in the area 3.0 inches from the leading edge of the check to 1.5 inches from the trailing edge of the check.1

     1 The leading edge is defined as the right side of the check looking at it from the front. The trailing edge is defined as the left side of the check looking at it from the front. See American National Standards Committee on Financial Services Specification for the Placement and Location of MICR Printing, X 9.13.

     2. Each subsequent collecting bank indorser shall protect the identifiability and legibility of the depositary bank indorsement by:

  • Including only its nine-digit routing number (without arrows), the indorsement date, and an optional trace/sequence number;
  • Using an ink color other than purple; and
  • Indorsing in the area on the back of the check from 0.0 inches to 3.0 inches from the leading edge of the check.
     3. Each returning bank indorser shall protect the identifiability and legibility of the depositary bank indorsement by:
  • Using an ink color other than purple;
  • Staying clear of the area on the back of the check from 3.0 inches from the leading edge of the check to the trailing edge of the check.

 

Subpart A - General

Subpart B - Availability of Funds and Disclosure of Funds Availability Policies

Subpart C - Collection of Checks

Appendices A & B

Appendix E - (Large File - May Load Slowly)

Appendix F

 

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