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BIG TROUBLE at Morritts Tortuga & Grand

Caladezi

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The following message is posted on the Morritts owners site which outlines some of the reasons for the troubles at the resort. In a nutshell, what it says is that the develover, David Morritt, has not paid his maintenance fees or S.A. on the units he owns for a couple of years and is in debt to the associations and has put the resort in a critical position. Read the post . Trouble in Paradise

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This is difficult, but necessary. Difficult because of the fear and anxiety it might cause. Necessary, however, because it is only fair that Morritt’s owners and those who visit frequently know what is going on.

In April, as a routine matter, I requested copies of the 2008 audits for the Grand and Tortuga Club associations, which any of us can do as owners. I really didn’t think much of it other than I like to have a copy of this information. But before it came, I received a call from one of our owner reps; they had decided they would contact anyone requesting the audits before sending them out.

Before even seeing the audits, I was asked not to report about them on the forum as our owner reps sought to work through the problems those audits spelled out. I agreed to do this for a period of time, provided I at least be given some background on the situation and as long as it was deemed by them that progress was being made. The ultimate hope at the time was that David Morritt would agree to sell the resort to the associations (more on that later) and that an announcement would be forthcoming from Morritt’s management.

That was three months ago, and obviously this post is going up because nothing has been resolved.

The audits speak for themselves. As an owner at both resorts, I received the financial statements for 2008, both of which have a cover page explaining in clear detail that the developer owes the associations a hefty sum.

The total at the Tortuga Club was $1.8-million. The total at the Grand was $975,000. Our owner reps did not learn about this until the January 2009 board meeting and did not see the audits until March of this year. As far as I know, no payments have been made to either of the associations for 2009.

Is there a repayment plan in place? How long will it take? Will it mean that the 9,000 some owners will have to pay more in fees to make up for the shortfall?

I do not know how these debts accrued specifically. Is it due to unpaid maintenance fees on the unsold inventory? According to the audit, the developer owned 496.5 weeks at the Grand as of Dec. 31 and 2,112 at the Tortuga Club. Is it because he borrowed money from the associations – a common practice according to previous audits – and didn’t repay it yet? And what does it say about this year? And next?

I should add that I made this post available to our owner reps. After our initial conversation back in April, they have been unable to say much due to Cayman confidentiality laws as they have attempted to work through this very serious situation. And yet, if the developer had paid what he owed or worked out a viable plan for repayment, I feel confident I would have been informed so as not to have gone public.

Needless to say, this is a huge shortfall for our associations. From what I was told at the time, our owner reps repeatedly asked for a re-payment plan, putting forth deadlines that were postponed or ignored. Finally, they came up with a plan to buy the resort from the developer. That is complicated, and they could not share details with me. But they put forth parameters of a deal that would take over ownership of the resort from David Morritt because there is concern he will be unable to repay the associations. If that money is not received, the resort would face the possibility of closing, because it is difficult to believe that it can operate with such a shortfall. The feeling was, I believe, better to come up with the money and run it ourselves than have to come up with it to keep him in charge. Harsh, but so be it.

Recently our owner reps were required to sign a non-disclosure agreement preventing them from discussing details of the possible purchase of the resort and also to approve an announcement to the owners. There has been no confirmation that David Morritt has done the same. He appears to be holding out hope of keeping the resort running. While I admire his optimism, realism is another matter. Are there even enough time share sales in a year to cover his debt to us for 2008? We all know the state of the economy and the timeshare industry. What level of sales success would be necessary? Don’t we deserve answers to these questions before we pay another maintenance fee or have friends and family buy another week of ownership?

And all of this sort of makes the idea of rebuilding the other Seaside building seem rather remote, doesn’t it? Meanwhile, according to the audit, there are 1,612 weeks in Tortuga that are not operational (the unbuilt Seaside) and yet they say it is sold out. That means all of those people are paying a maintenance fee for a building that doesn’t exist.

Look at it this way: through our own maintenance fees, we are not only subsidizing the developer’s ability to live on property, but we are being put in the position of having to make up for the funds he has not paid. Either that, or there will need to be some serious cutbacks in amenities in order to function without such a huge part of our budget. Remember, if you or I are late with our maintenance fee payments, we get charged a fee and eventually repossession proceedings begin. The developer, meanwhile, gets to live on property with, so far, no repercussions and, apparently some 18 months later, no viable repayment plan.
Now maybe you can see why Morritt’s has resorted to some of the things that have been complained about on this forum, such as the $2 drink coupons at the welcome party; or the hard-line on owner 10 percent discounts and the deadline to use certificates or maybe why the grounds don’t look as nice as you might have recalled. Remember last year after Hurricane Paloma? Someone wondered why they were going through the laborious task of having Morritt’s maintenance staff shovel sand out of the Grand pool without draining it, why they didn’t hire someone to come in and more quickly take care of the matter. Most likely, they couldn’t afford it. Frankly, it is by some miracle that the place remains open. They tell us all the time how tight our budget is, and yet well into our second year, we are functioning with approximately 20 percent less than what was budgeted.

All of this made the annual owner’s meeting in October and the subsequent approval of the 2009 budget a farce, because unbeknownst to any of us at the time, including our owner reps, the developer had not paid his 2008 fees/assessments/loans. As an aside, and with hindsight, I am very distressed about the huge assessment Grand owners got in 2008. At the time, it was sold to us under the guise that this would be a hardship on the developer because he would be responsible for the same assessment on all of his unsold weeks. All the while, the developer sat in on meetings to approve this hefty assessment knowing he probably would not be able to pay it himself.

I recognize that this post can create potential problems, which is why I have not said anything since I became aware of the information in the audits. But I understand why it was important to keep this quiet for the last several months. Lots of stuff going on that the owner reps wanted to work through without causing unnecessary fear. It made sense to see if things could be worked out.

But an offer to buy the resort from the developer has been on the table since April, and as of this writing, after first saying he would do it, he has evidently decided to stick it out. So it is only fair that those who frequent this forum be made aware of the dire circumstances.
Now, of course, I know what is coming. The typical “shoot the messenger’’ response that has become all too prevalent in negative matters that pertain to Morritt’s. I will likely be attacked for bringing this out and “hurting’’ the resort. My answer is this: the resort has been hurting for a long time and the people who support it deserve to know. It was made very, very clear in the audits – a separate letter on the cover page for each resort spelled out the problem in great detail. I simply started pushing for answers, pushing for full disclosure. I agreed to wait while our owner reps hoped this could be resolved in private without creating unnecessary issues. At this time, unless the developer has written a check for several million dollars, that does not appear to be the case.

I would also like to add that our owner reps have been faced with far more than they signed up for. This has become akin to a full-time job. They – along with Dutch Hoffmann, the resort general manager – have been trying to figure out ways to stretch our dollars as best as possible. They have had to deal with numerous legal and government issues when it comes to the idea of trying to buy the resort. And again, they are going to be limited in what they can say, but obviously it appears that we are at a crucial time right now.

Maybe Mr. Morritt would like to hear from some of his 10,000 “friends’’ on how they feel about what is happening.
 

Htoo0

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Thanks for stepping up. After about getting my head handed to me last time I has debating on posting the news in a public forum.
 

Caladezi

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This news has to get out. Not only to the owners involved but to anyone who might consider buying there should wait till this is settled. I love the resort and I am confident that once David is out of the picture, it will be what we remember it as it once was. Perhaps a new name, but the same place.
 

ecwinch

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Wow.

I am not an owner there, but have a keen interest in timeshare governance and owner rights. I was planning on an exchange to Morritt's in the future.

I applaud you for taking this step. I understand that some people may take you to task for surfacing this issue on TUG, but I think those people are short-sighted.

I for one, would have a significant trust issue if I had just bought into the resort, and then "after-the-fact" learned of the problem.

When you say "owners rep" I assume you mean something comparable to a trustee or director on the resort's governing body? Well, it sounds like they are trying to make the best of a bad situation. Hopefully they have a contingency plan if the developer ends up sliding into bankruptcy with his decision to "stick" it out.

And I fear we will start to see even more of these types of situations in the future. Given the economic cycle, and owners walking away from their obligations, I think it just places more pressure on those developers that are heavily leveraged. And naturally it is the small independent resorts that still have large developer inventories that will bear the worst of it.

This is the fourth resort like this that I am aware of.
 
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Carolinian

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Who controls the board? If owners were in control, they could just foreclose on the developer. I assume the owners do not control the board, so the issue is what can be done to achieve owner control?
 

judyjht

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Does any of this affect people trading into the Grand?? I am due to go there next March.
 

GrayFal

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Does any of this affect people trading into the Grand?? I am due to go there next March.
Take trip insurance to cover your exchange costs and airfare together...and then pray you don't have to use it.

It is very unfortunate to read this...the board is developer (family) controlled.
Will follow to see what our options are for owners.

It also explains why in a 3 year period MFs went for $800 in 2007 to $975 :annoyed: in 2009 (with a special assessment in 2008 of $285 for a refurbishment which WAS done) - over 20% - that should cover David's missing fees.
 

caddie

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Does any of this affect people trading into the Grand?? I am due to go there next March.

It affects you if the resort is closed. .. or if it doesn't offer the amenities you are used to ... or if it is in poor condition. . . or any of a bunch of things that can happen if the associations are unable to pay their bills.
 

zzz_laura_zzz

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Thanks for telling us the truth

Caladezi,

I am very grateful for all the time and effort you have put into this research and posting it here. Thank you for spelling it all out.

I need to ask a very basic question; please forgive my ignorance.

Who holds David Morritt and the family run board accountable? Are there no laws governing this? I am not sure where the jurisdiction would be? Normally I think it's where the crime was committed.

I am just a normal hard-working person with a very full life who spends 8+ hrs /day in a cubicle, then it's off to a very packed schedule with family & ministry events - I would not have learned of these issues had it not been for you (& even today I just stumbled over this post). So again thank you for all your time/effort you are putting into this.

zzz_laura_zzz
 

Topcat

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Caladezi,

thanks for posting that here. My company blocks the owners forum so I don't get on it much at home.
This information certainly explains some of the things I saw when I was there from July 11 to 25. I will be checking the other site tonight to learn more if possible.
 

Tia

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Regular Owners need to unite and get themselves on the HOA. Your lucky to find out sooner then later to put a stop to this.

This sort of smells like what went on at Bluebeards Castle in STT. Our original developer sold out and it just got harder to follow the $ trail. The next developers all made false promises continuing business as usual. Our original developer sold to Kosmas, then came Equivest , then FF aka Wyndham. The same year Wyndham bought Equivest the ts Owners coordinated themselves and took over the HOA's.

It takes knowledgeable owners working together to do what must be done.
 

Htoo0

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I may not know what I'm talking about but I think the developer has owned the most units so he controls the owner's association by default. I am sure the purchase agreement states all disputes must be settled in a Cayman court of law. (Although I've never understood with that being the case how they can pursue legal action in the U.S. to collect M.F.'s, etc.) What does it mean? Only time will tell. Seaside owners likely won't be seeing the 2nd building completed any time soon so it will probably be very difficult to get what we paid for. (I've heard they offer a poolside unit to replace it which is/was strictly forbidden by the terms of the purchase agreement.) This is assuming the resort doesn't collapse. Chances are (IMHO and I've suspected this for some time) we'll be seeing greater increases in M.F.'s, and Special Assessments. But again, these are just my thoughts and may have no bearing on reality. :shrug:
 

Caladezi

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The BOD consists of 5 members for each of the Tortuga Club and the Grand. That means two owners reps elected by the owners (us) and two members appointed by the developer. The fifth member is the developer. So guess who controls the BOD. If one of the members appointed by the developer strays off course, they can be fired on the spot and replaced with someone more in line with the developers wishes. This is a very difficult situation to deal with and when faced with a situation like we now find ourselves in, calls for extreme action from all of the owners. Can the resort survive? I really don't know, but I hope so. My hope is that the developer will realize that the best thing for everyone will be to just sell out to the associations and get out gracefully.
 

caribbean

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Frank-

Come on now, do you honestly think this just started? Carol and I ran the numbers together back in 2005 and tried our best to warn everyone. We were convinced way back then that David had NEVER paid any MF prior to the storm. It smelled just like the Bluebeard's Castle fiasco. But all of the "Happy Crowd" put their heads in the sand and refused to help as we tried to organize a group to hire a lawyer. For the sake of the TS owners I sure hope this doesn't blow up, but I can't say I am the least bit surprised. Frankly, I thought it would have happened before now. Guess someone on the board wised up and hired a honest auditor, not someone that was in the back pocket to a certain former employee.

Good luck. And please keep us informed over here. I suggest talking to Bob Harig.
 

tmbrit

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Patty, we all agree it started way back even before Ivan (04) and we did try and get Bob Harig on the board. We did finally get 2 wonderful owners on the board and yes thats why we finally are getting somewhere. Yes we had a good auditor finally. But when the votes are 3 to 2 always its hard. We have come a long way and are still working to save our resort.
 

ecwinch

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It is a long shot, but I would press the conflict of interest issue angle.

Also is the HOA (or whatever it is called) a legal entity?

Is there a members (shareholders) rights angle that can worked in that regard?
 

caddie

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Frank-

Come on now, do you honestly think this just started? Carol and I ran the numbers together back in 2005 and tried our best to warn everyone. We were convinced way back then that David had NEVER paid any MF prior to the storm. It smelled just like the Bluebeard's Castle fiasco. But all of the "Happy Crowd" put their heads in the sand and refused to help as we tried to organize a group to hire a lawyer. For the sake of the TS owners I sure hope this doesn't blow up, but I can't say I am the least bit surprised. Frankly, I thought it would have happened before now. Guess someone on the board wised up and hired a honest auditor, not someone that was in the back pocket to a certain former employee.

Good luck. And please keep us informed over here. I suggest talking to Bob Harig.


Am certainly not defending the organization, as there is plenty of reason to be angry. But there was never any evidence in the past that the developer didn't pay his maintenance fees. Nobody hired a dishonest auditor. Why would any auditor want to risk their reputation and license to stick up for this guy? That is a reckless claim you have made there.

The fact is the place was flush with cash, the developer actually propped up the associations to keep the maintenance fees artifically low so he could sell more timeshare, there was loose budgeting and everyone was happy and hardly paid attention. . . It has only been since Ivan that these problems have surfaced, and only in 2008 that we learn there is a big deficit due to the developer not paying his share. The focus needs to be on now and what is wrong -- a huge association shortfall caused by the developer -- not on what somebody perceived to be a problem before we really had problems.
 

Caladezi

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Am certainly not defending the organization, as there is plenty of reason to be angry. But there was never any evidence in the past that the developer didn't pay his maintenance fees. Nobody hired a dishonest auditor. Why would any auditor want to risk their reputation and license to stick up for this guy? That is a reckless claim you have made there.

The fact is the place was flush with cash, the developer actually propped up the associations to keep the maintenance fees artifically low so he could sell more timeshare, there was loose budgeting and everyone was happy and hardly paid attention. . . It has only been since Ivan that these problems have surfaced, and only in 2008 that we learn there is a big deficit due to the developer not paying his share. The focus needs to be on now and what is wrong -- a huge association shortfall caused by the developer -- not on what somebody perceived to be a problem before we really had problems.


Caddie, you are correct in your assessment. I have been very involved in what has happened since Ivan as well as before. I have no reason to think that the developer did not pay what he owed back in the good times. When Ivan hit the resort there was a huge difference of opinion on what should have been repaired and what should be replaced. The long fight with the insurance company took it's toll on the developers resources. One new building was built with borrowed money but the second, larger, seaside building was not. The developer continued to smooth everything over and tell all of his "loyal friends" that all was well in paradise. All the while he was "borrowing" association money and not paying his MF's or SA's on his inventory. Since the BOD is controled by the developer he also controled the quality and quanity of information made available so everything was covered up and he acted as though he was Mr. good guy. The economy has continued to get worse and sales have slumped which meant less income for the developer and more demand for money with increased MF's.

This all came to light when a few of the owners requested copies of the audit a few months ago. I do not believe that our elected owners reps (a minority on the BOD) had any knowledge of this before seeing the audit. The developer now has written a letter saying he plan to present a repayment plan in August to the BOD. What a joke---HE CONTROLS THE BOD. Many of us feel that the only repayment acceptable is FULL AND IMMEDIATE. Can he afford to do that? Time will tell. Very soon the 2010 fees will be due. In the USA people are sent to jail for this type of behavior. Should he sell the resort and get out of his problem?---I think so.
 

nerodog

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Wow, this is something else ! Have others been there recently on an exchange ? I am currently shopping around for airfare.... will I still have a place to stay ?? What's the latest for those who have stayed in the last month or so ?? Many thanks.:eek:
 

Rod in Louisiana

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We no longer own at Morritt's, but we do have many friends who still own there, so we're very interested in developments at the resort.

I'm in total agreement with Caladezi that the information in his post needed to be made public. However, I do have a possible issue with copying a post verbatim from the Owner's Section of the Morritt Owners Forum, which is supposed to confidential to Morritt owners only, to a public forum. If the post was copied here with the permission of the author, then good for Caladezi. If it was copied here without the permission of the author, then shame on him. If the latter case is true, the information could have been reproduced and rephrased without copying the entire post.

Regarding the owners controlling the board(s), that will never happen. There are five representatives on each board, and only two of these are elected by the owners. The bylaws of each association (Morritt's Tortuga Club and Morritt's Grand) stipulate that the other three members of each board will be appointed by the "Developer" (David Morritt). Get the picture?

I sincerely hope that this mess is eventually resolved to the benefit of the owners. It was once and could again be a great resort. The owners deserve better than this.
 

BocaBum99

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Wow, this is a huge deal. Hopefully the owners can get control of the resort and HOA to prevent insolvency. I expect a lot more of this to happen to independent resorts that have an uncooperative developer who is in trouble due to a very bad economy. Or, resorts that have owners defaulting on maintenance fee payments.

Another option for resorts is to work with a resort group that offers services to those resorts to help them operate. Bluegreen, for instance, recently announced a program where they operate the resorts and offer sales and marketing support to move unsold units. They use the resort developer business model. But, the resort gains strength by becoming part of the larger resort group. I think that independent resorts may have to resort to this model to survive.
 

shorts

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Wow, this is something else ! Have others been there recently on an exchange ? I am currently shopping around for airfare.... will I still have a place to stay ?? What's the latest for those who have stayed in the last month or so ?? Many thanks.:eek:

We were just at Morritts 2 weeks ago. Everything was in good shape maintenance wise, all activities were as scheduled and the restraurant specials at the resort were as good as ever! :cheer:

People should not hesitate to make exchanges or rent weeks to visit Morritt's. The actual resort is still running well and is a terrific place to vacation. :whoopie:

As an owner, I am following the situation closely and hope that everything gets resolved without costing the owners too much. The developer has stated that he has a repayment plan to present at the August board meeting, so I'm going to hope for the best.
 

Caladezi

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.

I'm in total agreement with Caladezi that the information in his post needed to be made public. However, I do have a possible issue with copying a post verbatim from the Owner's Section of the Morritt Owners Forum, which is supposed to confidential to Morritt owners only, to a public forum. If the post was copied here with the permission of the author, then good for Caladezi. If it was copied here without the permission of the author, then shame on him. If the latter case is true, the information could have been reproduced and rephrased without copying the entire post.

.

Rod: Just to clear up your point. This post was copied with the full permission of the author. The only thing that I did was omit the name of the poster which was done at the posters request. I do agree that nothing on a confidential forum should be copied and pasted unless it is done with the consent of the author. I do have one question for you though. Since you are no longer an owner, what are you doing on an owners only forum? It would seem that if you are so concerned about ethics you would have yourself removed from that forum since you no longer have the right to be there. Just a thought you might ponder.
 

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Rod: Just to clear up your point. This post was copied with the full permission of the author. The only thing that I did was omit the name of the poster which was done at the posters request. I do agree that nothing on a confidential forum should be copied and pasted unless it is done with the consent of the author. I do have one question for you though. Since you are no longer an owner, what are you doing on an owners only forum? It would seem that if you are so concerned about ethics you would have yourself removed from that forum since you no longer have the right to be there. Just a thought you might ponder.

To clarify:

Both of the above two gentlemen have been around Morritts and its forums for many years and both have been a asset to the resort and contributed to the owners forums (there have been 2 previous forums).
As Patty said above, the problems have been around for years. The current situation is not good and the owners will have to wait until the BoD meeting to see if the owner lives up to his obligations.
I do not think the BoD should have continued to withhold information from the owners after they were aware of the problem. They are responsible to the owners that elected them and not to management. By continuing to withhold information, they became part of the problem and not part of the solution. The intention was good, but ..........................
As we keep hearing from Washington - transparency.

The owners (current and past) do not need to attack other owners.
 

Rod in Louisiana

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Rod: Just to clear up your point. This post was copied with the full permission of the author. The only thing that I did was omit the name of the poster which was done at the posters request. I do agree that nothing on a confidential forum should be copied and pasted unless it is done with the consent of the author. I do have one question for you though. Since you are no longer an owner, what are you doing on an owners only forum? It would seem that if you are so concerned about ethics you would have yourself removed from that forum since you no longer have the right to be there. Just a thought you might ponder.

Frank, if you'll go back and read my post again, you'll see that I said I only had an issue if the post had been copied verbatim without the permission of the author. You clarified that with your response. I also paid you a compliment when I said that if you had posted with the permission of the author, you had done a good thing.

Regarding my posting on the Morritt Owners Forum, immediately upon our becoming non-owners, I notified the moderator that we were no longer owners at Morritt's and I posted the same information on the Owners Forum. My access to the forum wasn't terminated, so I continued to read about events at the resort. Should I have continued to notify the moderator that I still had access to the Owners Forum? Perhaps. How many times am I required to do that? I suppose I rationalized that I wasn't harming anyone if I confined my activities to reading and if I avoided posting. I did post on that forum today, realizing that my access would probably be terminated immediately. As you know, that post was to inform another owner that, contrary to his belief, the information had indeed been posted on a public forum. I fully expected that post to result in the termination of my access privileges but, as you noted in your follow-on post, some information just needs to be made available.

Over the years, you and I have been on opposite sides on some issues and on the same side on others. I've always respected your views, even when they differed with mine. I regret that you took offense to my post because it was not my intent for the post to be interpreted as a personal attack on you.
 
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