Homestead act for washington state

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homestead act for washington state Image by jessica45 from Pixabay. 5 for property in this state that is the primary residence of the property owner or the property owner’s spouse, that claim of a residential The filing deadline for the latest Homestead Benefit Application - Tax Year 2018 - is November 30, 2021. So in King county for example, what Seattle wants Seattle gets. 070). Property exempt from taxation — Homestead. D. 030 Homestead exemption limited. § 522(d)(1)) and further complicated by the amended Federal Bankruptcy Act of 2005. The short answer is the protection is for judgments. The homestead allowance which a surviving spouse may claim is determined by the law in effect on the date of the decedent's death and not the date on which the estate is probated. Washington's current homestead exemption is too low. Pursuant to RCW 6. The homestead exemption is automatic in Washington state—you don't have to file a homestead declaration with the recorder's office before filing for bankruptcy. With the start of the Civil War in 1861 and no Southern Congressmen present to vote down a Homestead Act, on May 20, 1862 Congress in Washington D. Affordable homes Seattle. Same day return phone calls and emails. ESSB 5408 increases the homestead exemption, protects post-petition equity, and codifies bankruptcy case law about the homestead… May 12, 2021 · Section 6. 1994). Wash. 1-561-514-0900 Ext 101. Increases in home prices have dramatically reduced the value of the exemption throughout the state-for example, home prices in Okanogan and Chelan counties rose by 37 percent in Equity Exceeding Homestead Exemption Value Subject to Execution anon Follow this and additional works at: https://digitalcommons. If your home has at least $125,000 of net equity in it (after deducting approximately 8. The judge also May 24, 2021 · Senate Bill 5408, which Gov. Sometimes life throws a curveball, whether it’s in the Indeed, small farmers acquired more land under the Homestead Act in the 20th century than in the 19th. 4 hours ago Learn more about the New Washington Homestead Exemption Law and how you may benefit if you are considering filing Chapter 7 Bankruptcy or Chapter 13 Bankruptcy in Seattle, Bellevue, Kirkland, Redmond, Mercer Island, Issaquah, Sammamish, Renton, Newcastle, Bothel, Woodinville, King County or Washington State by scheduling a free bankruptcy Feb 02, 2021 · Sets the homestead exemption amount as the greater of $125,000 or the median sales price of a single-family home in the most populous county in the state based on the value in the preceding year, instead of the greater of $125,000 or the county median sale price of a single-family home. Long, in which the city impounded the truck that a homeless man was living in and that was parked illegally on public property, and then charged him $950 to cover the towing company’s fees (later reduced to $550 by a magistrate). Homestead does not apply to Medicaid protection or state enabling confiscation acts under Medicaid. 070, and 61. #11 · Sep 2, 2017. " Jul 13, 2021 · Claiming a Washington State Homestead Exemption. Senate Bill 5408, which Gov. 1857 . Feb 23, 2021 · Estimations of $50,000 on average to be exact. The Washington Supreme Court found that State of Washington : lands designated by the Secretary of the Interior under the provisions of the Enlarged Homestead Act 1 map : color, mounted on linen Free Farms and Homes May 18, 2008 · Washington has some of the most expensive residential real estate in the country, yet for many years the homestead exemption law didn’t really reflect that fact. 559 (1966). ”. 1859 . Senate Bill 5408 became effective on May 12, 2021 and increases the homestead exemption from $125K (the minimum) to $780K or so May 18, 2021 · A new law aims to keep people from losing their homes when they file for bankruptcy. Under the 1854 extension of the act, land was no longer free but could be purchased for $1. passed the Homestead Act of 1862. Verified: 1 week ago 21 hours ago · There is a mandatory residential homestead exemption of $3,000 for counties and $25,000 for school districts. That doubles to $250,000 if you and your spouse both own the home and file for bankruptcy together. Perhaps this fact played a role in the provisions of the Act? Aug 31, 2017 · Joined Jun 24, 2008. L. C. 0 % for cost of sale/settlement costs), you can keep your home in bankruptcy and still discharge your qualifying unsecured debts. D. The Engrossed Substitute Senate Bill 5408 (link is external) (link is external) became effective when signed by Governor Inslee on May 12, 2021. by Bridget Rigato 06/15/2021. You file a homestead exemption with your county tax assessor and it reduces the amount of property tax you have to pay. After oral argument, the bankruptcy court held that an amendment to update the value of an exemption in light of post-petition changes in value was State History. Aug 25, 2021 · Protection from Creditors Under Homestead Exemption . 010(1), enacted in 1997, arose from the former RCW 11. the “Homestead Companies,” which is the name for a group of entities that has been involved in developing real estategolf courses, waterslides, and ti, me shares. A homestead may consist of lands, as described in RCW 6. S. In the state of Washington, the exemption is up to $125,000. 010, or (2) the sum of one hundred twenty-five thousand dollars Organic Act extends Donation Land Act to the Washington Territory. ” Jan 14, 2021 · or (2) $125,000 thousand dollars . All you had to do is pay a minimal fee for filing. While no Washington court has yet considered the application of the homestead exemption to property taxes, the bankruptcy court has recently addressed precisely this question. 52, which provided for an “award of homestead” or an “award in lieu of homestead. 030, 6. Property Location: Defines the exact RCW 6. Additional exemptions might be available for farmland, green space, veterans, or others. Filing the homestead exemption will have no effect on your federal and state tax returns. What you have to remember is that in western Washington, the political climate is controlled by the cities and rural areas don't have the votes to make much of a difference. Nov 28, 2009 · Washington State Homestead Act. Posted May 24, 2021. Before the law changed in 2007, the Washington state homestead exemption law only protected up to$40,000 in equity, which wasn’t enough for many homeowners. 33401. Nusz Washington Homestead Act New Developments in Bankruptcy Law and The Homestead Act (state exemption law) which has recently come out… Find Free homestead Legal Forms designed for use in Washington. It’s generally a dollar amount or percentage of the property value that is excluded when calculating property taxes. Jay Inslee signed into law last week, increases the state’s homestead exemption Homestead Exemption Laws in Washington, D. The homestead law protects a certain amount of your equity in your home from being taken to pay the judgment. 010, regardless of area, but the homestead exemption amount shall not exceed the lesser of (1) the total net value of the lands, manufactured homes, mobile home, improvements, and other A longer residency requirement applies to homestead exemptions: If you acquired a home in your current state within the 40 months before you file for bankruptcy (and you didn’t purchase it with the proceeds from selling another home in that state), your homestead exemption will be subject to a cap of $125,000, even if the state homestead Sep 08, 2021 · Bankruptcy has not been a great option for homeowners in the past, but the new Washington state homestead exemption law aims to keep people filing for bankruptcy from losing their homes. In 1862 the Civil War was not going in the North’s favor. 15. The Homestead Statue defines a forced sale to include any sale of the homestead property in a bankruptcy proceeding. : National Archives and Records Administration, 1998], p. 010, regardless of area, but the homestead exemption amount shall not exceed the lesser of (1) the total net value of the lands, manufactured homes, mobile home, improvements, and other personal property, as described in RCW 6. , Homestead Exemption Laws. Sometimes life throws a curveball, whether it’s in the May 24, 2021 · Webinar – The Homestead Exemption. 040(1), which the city argues is a necessary procedure to qualify Long’s truck as a homestead. The Washington legislature enacted significant changes to the state’s homestead exemption in the 2021 session. Jay Inslee signed into law last week, increases the state’s homestead exemption homestead exemption amount is $25,150, while the Washington State homestead exemption amount is now “the greater of $125,000 or the county median sale price of a single-family home in the preceding calendar year. 1. Homestead does not avoid probate or estate taxes. In general, the law provides for increases in homestead exemptions based on “the county median sale price of a single-family home in the preceding year. The legislature finds that the homestead 6 exemption is intended to protect the homeowner's equity in a home May 28, 2021 · Washington Homestead Amendment CLE Join us for a virtual CLE on May 28th to learn about the significant changes to Washington’s homestead exemption. However, you must list the homestead exemption on Schedule C: The Property You Claim as Exempt when completing your bankruptcy forms. Washington, D. (1) For each tax year, the first one hundred twenty-five thousand dollars ($125,000) of the market value for assessment purposes of the homestead as that term is defined in section 63-701, Idaho Code, or fifty percent (50%) of the market value for assessment purposes of the homestead as that term is defined in section 63-701, Idaho Code Apply online: Application for Residential Exemption or Request a paper application via: Email: Send a Message Call: (435) 634-5703 “If a property owner or a property owner’s spouse claims a residential exemption under Utah Code Ann. May 24, 2021 · A new law aims to keep people from losing their homes when they file for bankruptcy. Mar 17, 2021 · In 2018, a King County Superior Court judge ruled the city violated the state’s Homestead Act — a frontier-era law protecting homes from forced sale — by impounding the truck. On May 12, 2021, major changes were made to the Washington Homestead law. Another Federal land grant program similar to the Donation Act, but not unique to Washington Territory. Homestead. Until 2009, Wynstra 21 hours ago · There is a mandatory residential homestead exemption of $3,000 for counties and $25,000 for school districts. 54. In Re Cunningham, 163 B. In addition, Wynstra is an attorney who has been licensed with the Washington State Bar Association since 1977. The Code establishes separate categories of exemptions on such homesteads. Homestead exemption just means that creditors cannot take some portion of your property (your homestead) to satisfy debts if you file for bankruptcy. Jun 07, 2019 · Your Homestead is filed with you local County office. May 20th, 2021 Dexter Bradford discusses major revisions to Washington’s homestead exemption. Make sure to save it. An amendment to the Homestead Act of 1862, the Enlarged Homestead Act, was passed in 1909 and doubled the allotted acreage from 160 to 320 acres (65 to 129 ha) in marginal areas. 100; and creating a new 3 section. If you have a judgment and are facing a forced sheriff's sale the homestead act will protect your equity. 24. It’s limited to the Federal Bankruptcy amount of $20,000 (11 U. The Washington State legislature has enacted significant changes to the Washington homestead statute. The exemptions for homestead properties vary from state to state. You can apply the homestead exemption to personal property in which you reside, but in that case it is limited to $15,000. By BeresfordBooth. The land could also be purchased from the government after 6 months for $1. Aug 01, 2020 · EXPAND THE WASHINGTON STATE HOMESTEAD STATUTE WHEREAS, the right of honest but unfortunate debtors to pursue a fresh start through bankruptcy is enshrined in the United States Constitution; and WHEREAS, the homestead exemption—the value of a bankrupt debtor’s home that they are allowed to protect from Jan 20, 2019 · Homestead Act in Bankruptcy January 20, 2019 M. Aug 17, 2020 · Although the Act is ambiguous on this question, the Court of Appeals noted that: (1) homesteads are favored under Washington law and courts construe the Act liberally to protect family homes; and (2) the legislative history of 1993 amendments to the Act disclosed an intent for the automatic homestead protections to apply to people residing in Jun 02, 2021 · The Homestead Act of 1862. 702 WASHING 1980 Oct 20, 2014 · To socrateaser, only Can I use State Homestead exemption for a house that is located in New York City - Answered by a verified Business Lawyer We use cookies to give you the best possible experience on our website. The current statute, RCW 11. PROBATE ‑- HOMESTEAD EXEMPTION ‑- APPLICATION OF LAW IN EFFECT AT TIME OF DEATH ‑- CHAPTER 185, LAWS OF 1963. SB 5408 significantly increased the amount of a homestead exemption to $125,000 or “the county median sale Jul 21, 2020 · An increase in the Washington state homestead exemption helps homeowners protect all manner of homeownership including small farms, RV’s and vehicles. 080(5) now provides that the homestead exemption does not apply to such assessments. The homestead exemption is not available against an execution or forced sale in satisfaction of judgments obtained: Terms Used In Washington Code 6. Washington has a strong social policy favoring a family award to a decedent’s surviving spouse. Taxing units, with the May 24, 2021 · Washington passed a bill amending the amount of the state’s homestead exemption. 1862 . Feb 20, 2020 · As mentioned above, some state homestead laws allow you to deduct the value of your homestead from your property taxes. Aug 15, 2021 · The Washington Supreme Court granted review on all three issues—i. Jun 15, 2015 · 415 South Olive Avenue West Palm Beach, FL. (Information excerpted from Teaching with Documents: Using Primary Sources From the National Archives. Here are some of the New Homestead Exemption Amounts for 2021 by County, based on the median single-family home price in each county in 2020. Rev. 13. Eighth Amendment, Article 1 § 7, and the Homestead Act. Jay Inslee signed into law last week, increases the state’s homestead exemption, so that it will no longer protect only $125,000 of a person’s home value. How to Ensure Homestead Protection in Washington State? To avoid dispute, it’s always a good idea to file “Homestead declaration” document in your county. ” (Please note that 11 U. Under the changes effective May 12, 2021, the homestead exemption is based upon the greater of $125,000 or the median value of a single residence for the previous year for the county in which the real property is located subject to requirements. For example, a state might have a $50,000 homestead property tax exemption. Sec. 31. Online. 010, a “homestead” is real or personal property that the owner uses as a residence. 25 an acre. 25 per acre. This held until Congress authorized the Homestead Act in 1862. (Code of Alabama, 40-9-19, 20, &21). You can search our library of over 700,000 free legal documents to find the legal form that is right for your legal needs. Homestead Act (full Aug 12, 2021 · It affirmed lower court decisions that the truck was a home, and said that auctioning it off would have violated Washington’s frontier-era homestead act that forbids the state from forcibly Aug 13, 2021 · The court ruled if a person says the vehicle is their ‘home’, they are afford the same protections of a typical homeowner under the state’s Homestead Act. On the Homestead Act argument, the city stated that Long failed to file a declaration under RCW 6. Mar 31, 2021 · On March 2, 2021, Washington’s Senate passed SB 5408, which proposes major changes to Washington’s current homestead exemption. Seattle: The Seattle Genealogical Society, 1980. 21 hours ago · There is a mandatory residential homestead exemption of $3,000 for counties and $25,000 for school districts. Jun 29, 2009 · Hello, If you are referring to the homestead exemption, here is the text of that Washington state law: RCW 6. In order to be eligible for homeownership through Homestead’s program, you must: Be A First Time Homebuyer —Do you now or have you owned a home anytime in the past three years? If "yes", you are NOT eligible. Previously the homestead exemption was the lesser of $125,000 or the total net value of the lands 1 AN ACT Relating to the homestead exemption; amending RCW 2 6. As of January 13, 2021, the federal homestead exemption amount is $25,150, while the Washington State homestead exemption amount is now “the greater of $125,000 or the county median sale price of a single-family home in the preceding calendar year Mar 01, 1996 · RCW 6. Taxing units, with the The amended schedule listed Washington’s homestead exemption as the basis for the amended exemption. • Cannot exceed $125,000 for lands and homes. Taxing units, with the Homestead Exemptions The King County Tax Assessor can provide you with an application form for the King County homestead exemption, which can provide a modest property tax break for properties which are used as the primary residence of their owners. Nov 20, 2014 · The purpose of a homestead exemption is to protect the equity someone has in their home should they face bankruptcy. Map & Directions Map & Directions Aug 15, 2019 · The 1862 Homestead Act accelerated settlement of U. Homestead Act 1862. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 NEW SECTION. Aug 12, 2021 · This morning the Washington State Supreme Court issued a landmark ruling in the case of City of Seattle vs. Washington homestead Exemption laws allow a maximum exemption of $125,000, but don't specify a maximum acreage The amended schedule listed Washington’s homestead exemption as the basis for the amended exemption. A homestead exemption is defined as a single-family owner-occupied dwelling and the land thereto, not exceeding 160 acres. You should note, that there are deadlines each year for filing a homestead exemption. Keep in mind, the homestead exemption doesn't protect you from secured creditors such as your mortgage holder. Homestead Laws by State. Among others, this form includes the following key provisions: Party: Identifies the person making the homestead declaration. (RCW 6. History of the Homestead Act. The $125,000 Washington State Homestead Exemption. R. This is a simple document and cost to file is very low. Most significantly, the legislation proposes to substantially increase the homestead exemption from the current $125,000 to the county median sale price of a single family home in the preceding calendar year. Homesteads are exempt EXEMPTION DESCRIPTION. AN ACT to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States. Taxing units, with the It’s important to understand that the State Supreme Court’s ruling is based on the Washington’s Homestead Exemption laws, not a Homestead Act. Under the bill, the homestead exemption is now the greater of $125,000 or the county median sale price for a single-family home in the preceding calendar year. § 522(p) may limit the maximum amount of the state homestead when property is acquired by a debtor May 05, 2020 · On May 5, 2020, the Washington Court of Appeals issued a decision that expands the scope of the state's Homestead Act by applying it, for the first time, to local government efforts to tow vehicles in which homeless people reside. Taxing units, with the . Congress passes the Homestead Act. If your small homestead is valued at $75,000, then you only need to pay property taxes on $25k of it. by Renee Waymire 12/28/2020. by Debra Beitzel 06/21/2021. A homestead consists of all real and personal property that the owner uses as their principal residence. e. 1981)). • Generally cannot exceed $15,000 for other personal property that the owner uses as a residence. 080 Assets : (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Oregon admitted as a state. , opposed the amendments. Jan 25, 2013 · In 2007, Washington state law was changed to increase the homestead exemption in this state to $125,000, which is about the same as the homestead exemption in other Western states. 010 constitutes a homestead and is automatically protected by the exemption described in RCW 6. What Is the Homestead Act of 1862? Developed in 1862, the Homestead Act took effect in 1863 with the promise of providing 160 acres of public land to relatively anyone. In case you missed our blog post on Bank Law Monitor last month regarding the Homestead Exemption, significant changes to the Washington homestead statute were made that impacts property owners and contractors alike. §59-2-103. Jun 22, 2012 · Homestead Act only covers the one primary residence of home owners, in regardless how many other residences you own. 63-602G. In addition, you would agree to live on the land with the sole purpose of improving it over five years. 030 - Homestead exemption limited (1) The homestead exemption amount is the greater of: (a) $125,000; (b) The county median sale price of a single-family home in the preceding calendar year; or (c) Where the homestead is subject to execution, attachment, or seizure by or under any legal process whatever to satisfy a judgment in favor of any state for failure to pay that state's The Passage Of The Homestead Act Of 1862. First land patents granted in Washington Territory (Thurston, Clark) counties. On January 1, 1863, Daniel Freeman made the first claim under the Act, which gave citizens or future citizens up to 160 acres of public land provided they live on it, improve it, and pay a small registration fee. Be Income Eligible— Is your gross (before taxes) income less than the maximum 21 hours ago · There is a mandatory residential homestead exemption of $3,000 for counties and $25,000 for school districts. 010 and 6. Apr 23, 2021 · Washington will let you exempt up to $125,000 of the equity in your principal residence. Taxing units, with the  The homestead tax exemption can also provide surviving spouses with ongoing property-tax relief, which is done on a graduated scale so that homes with lower assessed values benefit the most. Real property or mobile home to $40,000 ( no limit if seeking to discharge debt based on failure to pay a state income tax assessed on retirement benefits received while a resident of Washington, 6. However, you must list the homestead exemption on Schedule C: The Property You Claim as Exempt when completing your bankruptcy forms . ·. Another amended act, the national Stock-Raising Homestead Act, was passed in 1916 and granted 640 acres (260 ha) for ranching purposes. Your home could also be eligible for a discretionary exemption. 593 (Bankr. Found inside – Page 220A homestead exemption is generally defined as certain real property of debtors that will be free from seizure and sale under legal process for the payment Found inside – Page 256Washington (State). Shafer, 637 P. Keep in mind that you'll need to meet other requirements to prevent losing your home, too. western territory by allowing any American, including freed slaves, to put in a claim for up to 160 free acres of federal land. Instead, the new law will protect a much larger amount — up to the county’s median sale price, based on homes sold the prior year. This Washington Homestead Declaration is for a single non-married person. Washington State Library Donation Land Claim Holdings 10/29/2013 Office of the Secretary of State Washington Territory donation land claims: an abstract of information in the land claim papers of persons who settled in Washington Territory before 1856. (1) Property described in RCW 6. The Washington State Department of Veterans Affairs (WDVA), including the State Veterans Homes, does not discriminate against any person on the basis of race, color, national origin, gender, sexual orientation, disability, or age in admission, treatment, or participation in its programs, services and activities, or in employment. 384 Posts. May 13, 2021 · The Washington State homestead amount is applicable in bankruptcy cases when debtors have elected to use it instead of the federal exemption. 030. Jun 20, 2016 · Washington homestead laws allow a maximum exemption of $125,000, but don't specify a maximum acreage. ) Jul 13, 2021 · The homestead exemption is automatic in Washington state—you don't have to file a homestead declaration with the recorder's office before filing for bankruptcy. WASHINGTON STATE HOMESTEAD LAWS: Washington homestead laws allow a maximum exemption of $125,000, but don’t specify a maximum acreage. [Washington, D. The Homestead law in the United States was one of several United States Federal laws that gave an applicant freehold title up to 160 acres (1/4 section) of undeveloped land outside of the original 13 colonies. 070 from and after the time the real or personal property is occupied as a principal residence by the owner or, if the homestead is unimproved or improved land that is not yet occupied as a homestead, from and after the declaration or declarations required by the following subsections are filed for record or, if the homestead is a mobile home not yet occupied May 12, 2021 · Thu, 05/13/2021. The new law required three steps: file an application, improve the land, and file for deed of title. January 14, 2021 Uncategorized No Comments Uncategorized No Comments Homestead exemption programs reduce property taxes by exempting a certain amount of a home ' s value from taxation. Jul 13, 2021 · The homestead exemption is automatic in Washington state—you don't have to file a homestead declaration with the recorder's office before filing for bankruptcy. If you don't make your mortgage payments, your lender can foreclose and sell your house at auction to pay off the loan despite a "homestead exemption. File by phone: (1-877-658-2972) When you complete your application, you will receive a confirmation number. Within the next decade 985 bounties granted for 290,215 acres are granted in the territory under these provisions. LAW SECTION. Oct 27, 2021 · The homestead tax exemption applies to property taxes. President Abraham Lincoln signed the Homestead Act on May 20, 1862. law. 2d 645 (Wash. GEN 979. The value of the tax reduction depends on the exemption amount and the assessment level, or the portion of a property ' s value that is subject to the local government ' s tax rate. W. uw. After oral argument, the bankruptcy court held that an amendment to update the value of an exemption in light of post-petition changes in value was Washington, D. 030) Must file homestead declaration before sale of home if property unimproved or home unoccupied Dec 07, 2020 · ASD-105 Cancellation of Homestead Deduction - Senior Citizen and Disabled Tax Relief - New for Tax Year 2020 (Electronic) Important Notice: Cancellation form should be filed within 30 days of the date that you move from your property, the ownership changes, or you change your principal residence. Jun 09, 2021 · Washington’s updated homestead rule has an impact on bankruptcy cases where the debtor is forced to sell their home. Aug 09, 2010 · Claims Taken in Washington Territory Washington Territory was formed in 1853, from roughly the northern half of Oregon Territory. 010, 6. The Trustee, James Rigby, and the Bank, First-Citizens Bank & Trust Co. At $125,000-a figure last updated in 2007-Washington's homestead exemption is currently one of the nation's lowest. In some states, every homeowner gets the tax exemption, while in other states Washington State Homestead Exemption Law. Sometimes life throws a curveball, whether it’s in the All groups and messages 21 hours ago · There is a mandatory residential homestead exemption of $3,000 for counties and $25,000 for school districts. Homestead Laws Washington has a homestead exemption, which: • Is liberally construed (Macumber v. edu/wlr Part of the Property Law and Real Estate Commons Recommended Citation anon, Annual Survey of Washington Law, Equity Exceeding Homestead Exemption Value Subject to Execution, 41 Wash. The amount or percentage depends on the state, as does who is eligible for the exemption. If you legally put in Utilities cities and counties do not have control over parking and living on your property per the Washington state Homestead Act. A few states, including Florida and Texas, afford unlimited financial Sep 13, 2021 · The Washington Court of Appeals originally ruled that automatic homestead protection precluded the towing company from holding the vehicle for sale at auction because doing so would be a “forced sale” for the purpose of homestead laws (Washington Constitution, Article 19, Section 1 and RCW 6. If "no", keep reading. The new homestead exemption amounts for 2021 in Washington State are determined by the previous year’s single-family home median sale price in the County the home is located. This program required residence and improvement for 5 years plus a registration fee. homestead act for washington state

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