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Monday, September 10, 2012

Today's Equipment Leasing Headlines

Brokers Enthusiastic, but Bemoan Abysmal Closing Ratios
  ---NAELB Regional Meeting report
   by Dwight Galloway, CLP
 Former Viking TE was Chairman Bank that Failed in Minnesota
Are we out of big bank failures?
 By Christopher Menkin
  Leasing 102 by Mr. Terry Winders, CLP
  “Side Agreements including Vendor Agreements”
    Top Stories September 5-7
     Classified Ads---Sales
   Career Crossroad—“They want more information!”
    Classified Ads---Help Wanted
Kibosh on Common Fund Class Action Settlements
 by Tom McCurnin, Esq.
  PacTrust Bank Launches Leasing and Financing Program
   Plott Hound
    Bloomington, Minnesota Adopt a Dog
News Briefs
 Former UBS trader faces trial over $2.3 billion losses

  Failed-bank bidding details
   Banks for Sale
    Coca-Cola to spend $30 billion to grow globally
     Teachers in Chicago Will Strike After Talks Collapse

Broker/Funder/Industry Lists | Features (collection)
Top Ten Stories Chosen by Readers | Top Stories last six months

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          This Day in American History
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               Weather, USA or specific area
                 Traffic Live----

######## surrounding the article denotes it is a “press release” and was not written by Leasing News nor information verified, but from the source noted. When an article is signed by the writer, it is considered a “by line.” It reflects the opinion and research of the writer. It is considered “bias” as it is the writer’s viewpoint.


Brokers Enthusiastic, but Bemoan Abysmal Closing Ratios
---NAELB Regional Meeting report
by Dwight Galloway, CLP

The National Association of Equipment Lease Brokers (NAELB) Eastern Regional meeting in Baltimore Maryland Friday and Saturday, September 7th and 8th increased its 2011 numbers with 101 attendees of which 45 were listed as brokers.

The overall mood of the attendees ranged from guardedly optimistic to somber depending on one’s opinion of the impact the presidential victor can or will have on the 2013 economy. Few ventured prophesies of any long term resurgence in our industry as if to do so might tempt fate.

Many brokers were enthusiastic about an increase in their applications of late but were unanimous in bemoaning their abysmal closing ratios. Once approved by a funding source, their applicants are delaying the equipment purchase (citing Europe’s crisis, the stock market, the elections, the Red Sox failings, ad infinitum), cancelling altogether or accepting their bank’s offer of historically low interest rate loans. For whatever combination of reasons, closing approved deals seems to be a universal problem for brokers and funders alike.

During the networking sessions and in the hallways, the many tales of “how I have survived” were mixed liberally with whispered revelations of which friends had succumbed and dropped out of the industry. Knowing looks were traded and reasons such as “failure to diversify, didn’t scale back fast enough, concentrated on a cyclical industry, and too expensive a marketing model”, were mumbled. Few such comments seemed to be critical; on the contrary, they were offered more in a sympathetic vein and “thanks goodness it wasn’t me because it could have been”.

The brokers enjoyed an abundance of scheduled and informal time with the funding sources and the breakout sessions offering marketing tips drew the best attendance. President Patrick Sponsel announced that the NAELB has recently become a member of the Independent Community Bankers Association and he noted the advantage this may give NAELB brokers as they approach their local community banks for relationships.

Dwight Galloway, CLP
Senior V.P. Broker Operations
803-566-8245 Ext. 102
803-728-0196 Fax


Former Viking TE was Chairman Bank that Failed in Minnesota

It has been over a month, exactly the last bank to fail was Waukegan Savings Bank, Waukegan, Illinois on August 3. Joining the list was First Commercial Bank, Bloomington, Minnesota, which was closed on September 7, 2012. To protect the depositors, the FDIC entered into a purchase and assumption agreement with Republic Bank & Trust Company, Louisville, Kentucky, to assume all of the deposits of First Commercial Bank16 2006 25 2009.

Founded July 15, 1999, the bank had 20 full time employees June 30, 2012. It had a high of 25 full time employees at its sole office in 2009.

Former Minnesota Viking Stu Voigt formerly was the chairman of the board at First Commercial from August, 2003 to when he was fired by the board of directors on September 18, 2008.

(Voigt, 2012)

January, 2012 the Federal Deposit Insurance Corp. filed papers seeking to fine Voigt $125,000 for a "pattern of misconduct" and ban him from banking that led to a $788,000 charge-off by the Bloomington bank and a reported financial benefit for Voigt.


July 28, 2012 the reported the FDIC ended up fining Voigt $15,000 as part of a consent agreement in the matter and at age 64 he agreed to stay out of the banking industry. Voigt did not admit any wrongdoing. It was a settlement, which his attorney said avoided a costly lawsuit

Separately, Voigt is being sued in a federal lawsuit in Minnesota by his former teammate Ron Yary and three other investors regarding real estate investments with companies he was involved with. The alleged activity took place near the height of the real estate boom when Voigt was chairman of First Commercial Bank. The plaintiffs claim they lost over $1 million, while Vogt says he lost more than $2 million himself in the same investments.

Voigt was well known in the area not only as a former Viking football player, but he was the color commentator for the Vikings. Wikipedia reports, "In 1970, Voigt was drafted by the Minnesota Vikings and played in three Super Bowls before retiring after the 1980 season. From 1981 to 1989, he was a color commentator on Vikings radio broadcasts on Vikings radio broadcasts from 1981 to 1989, after retiring following the 1980 season. Here is his page form the Viking website:

Looking at the FDIC numbers, bank equity climbed to $30.4 million In 2008 under Voigt rein as chairman, and after he left. It fell to $3.1 million June 30, 2012. His last term saw the banks last
Profit as it fell to losses each following year from $5.8 million, 2009, $13 million, 2010, $9.8 million 2011, to the first half of 2012: $3.6

Perhaps under Voigt watch the loans were made as his last year saw $2.6 million in charge offs, mostly in commercial loans. The following years it was construction and land development, residential 1st and 2nd mortgages with overall charge offs of $7.9 million, 2009, $13.1 million, 2010, $8.6 million, 2011, and $3.5 million the first half of this year. Tier 1 risk-based capital ratio: 1.81%

(in millions, unless otherwise)

Charge Offs
2006 $225,000 ($292,000 commercial/industrial, $62,000 construction, $5,000 indiv.)
2007 $664,000 ($263, 0000 commercial, $279,000 multi-family, $168,000 1-4 family, -$45,000 indiv.)
2008 $2.6 ($1.5 commercial, $591,000 1-4 family, $520 construction, $6 credit cards)
2009 $7.9 ($4.9 construction, $1.0 individuals, $964,000 1-4 family, $581,000 commercial, $201,000 multi-family, $157,000 nonfarm/nonres.)
2010 $13.1 ($6.7 construction, $2.6 1-4 family, $1.7 nonfarm/nonres.,$1.5 commercial, $2.6 1-4 family, $41,000 other loans, $26,000 indiv.)
2011 $8.6 ($2.7 nonfarm/nonres.,$2.0 construction, $1.6 commercial, $1.5 1-4 family, $703,000 multifamily.)
6/30 $3.5 ($1.8 commercial/industrial, $862,000 nonfarm/nonres., $564, construction/land dev., $246,000 1-4 family.)

Construction and Land, 1-4 family multiple residential, Multiple Family Residential, Non-Farm Non-Residential loans.

FDIC Filings:

(in millions, unless otherwise)

Net Equity
2006 $13.2
2007 $26.4
2008 $30.4
2009 $29.5
2010 $16.5
2011 $6.7
6/30 $3,1

2006 $3.6
2007 $3.4
2008 $225,000
2009 -$5.8
2010 -$13.0
2011 -$9.8
6/30 -$3.6

Non-Current Loans
2006 $2.5
2007 $3.9
2008 $10.7
2009 $25.5
2010 $21.5
2011 $23.3
6/30 $24.8

Republic Bancorp, Louisville, Kentucky stated it is press release it acquired First Commercial's loans and repossessed real estate with a book value of about $194 million, at a discount of $79 million. The bank did not pay a deposit premium and did not acquire any assets or liabilities of FCB's parent holding company, Commercial Bancshares, Inc. or any of its privately held stock

As of June 30, 2012, First Commercial Bank had approximately $215.9 million in total assets and $206.8 million in total deposits. In addition to assuming all of the deposits of the First Commercial Bank, Republic Bank & Trust Company agreed to purchase essentially all of the assets.

The FDIC estimates that the cost to the Deposit Insurance Fund (DIF) will be $63.9 million.

Republic Bancorp, Inc. (Republic) has 43 banking centers and is the parent company of Republic Bank & Trust Company (RB&T) and Republic Bank. RB&T has 34 banking centers in 12 Kentucky communities - Covington, Crestwood, Elizabethtown, Florence, Frankfort, Georgetown, Independence, Lexington, Louisville, Owensboro, Shelbyville and Shepherdsville, three banking centers in southern Indiana – Floyds Knobs, Jeffersonville and New Albany and one banking center in Franklin (Nashville), Tennessee. Republic Bank has banking centers in Hudson, Palm Harbor, Port Richey and Temple Terrace, Florida as well as Blue Ash (Cincinnati), Ohio.

List of Bank Failures:

Bank Beat:

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Are we out of big bank failures?
by Christopher Menkin

First Commercial is the fourth FDIC-insured institution in Minnesota to fail this year.

As reported in recent Bank Beats, U.S. bank closures are running at a much slower pace than in 2011. 70 banks had failed by this time last year.

In 2007, just three banks went under. That number jumped to 25 in 2008, after the meltdown, then jumped to 140 in 2009 and then To 157 banks, the most in any year since the savings and loan crisis two decades ago.

To compare today to the Great Depression, there were over 10,000 bank failures and thus the start of the FDIC. The crisis began when monster-sized banks couldn't make good on their bets in the fast-moving market of mortgage-backed securities they had helped create.

"As the economic depression deepened in the early 30s, and as farmers had less and less money to spend in town, banks began to fail at alarming rates. During the 20s, there was an average of 70 banks failing each year nationally. After the crash during the first 10 months of 1930, 744 banks failed – 10 times as many. In all, 9,000 banks failed during the decade of the 30s. It's estimated that 4,000 banks failed during the one year of 1933 alone. By 1933, depositors saw $140 billion disappear through bank failures."

After the crisis peaked, the biggest beneficiaries were the banks themselves as the "monster banks" gained record profits and swallowed even smaller banks."

Let's also great straight unemployment numbers in comparison to the Great Depression as "unemployment in the U.S. rose to 25%, and in some countries rose as high as 33%."

The top four banks comparing the largest 50 banks and thrifts from ten years ago to today remain the same, but in different positions.

In the top ten of 2002, numbers 5,7,11 are no longer around: Wachovia, National City Corp. and Washington Mutual Inc.

JPMorgan Chase & Co. picked up the struggling Bear Stearns Cos. LLC and WaMu's banking operations, while Bank of America Corp. absorbed Merrill Lynch & Co. Inc., Countrywide Financial Corp. Wells Fargo & Co., meanwhile, roughly doubled in size when it bought the limping Wachovia, which a decade ago was the fifth-largest bank in the country and National City acquired by PNC Financial Service Group before it failed due to large mortgage losses.



Leasing 102
by Mr. Terry Winders, CLP

“Side Agreements including Vendor Agreements”

It is common for lessors to offer a purchase option by creating a side letter that spells out the residual at the end of the lease term, often giving the lessee a bargain purchase option such as $1.00 or a specific dollar amount, often expressed in a percentage, such as 10%. The assumption is that the transaction has a standard lease agreement that does not contain any purchase option. When a tax audit occurs the side letter is not part of the documentation. Therefore it appears that it is a true lease and the lessee expenses the rent and the lessor retains the depreciation. However, the side letter is available to insure the lessor lives up to the agreement for the bargain option.

Often the contract spells out the lessor is not giving any tax advice or stating an opinion, but the implication of the side agreement may be viewed differently, especially if the lease does not meet the code of FASB or the IRS as a true lease and was presented in this manner.

The important aspect regarding side agreements is any such letter stating a perceived dollar amount to disguise the transaction as a “true lease,” may be discovered by the tax auditors which may cost both the lessee and the lessor a lot of problems. If the dollar amount is high enough, it could also be viewed as an attempt at fraud.

It is important that any such side letter regarding a residual be reviewed by both an attorney experienced in leasing as well as a CPA who is an expert on these matters. I also recommend discussing your contract at least yearly with both, if to learn of any changes and not continue to use the same documents because they were approved ten years ago.

At one time some side agreements attempted to circumvent the accounting rules by providing a short first term lease that qualified as an operating lease for accounting, but did not allow the lessee to return the equipment at termination. They could only purchase (at purchase price too high to be a bargain or fair market value) or renew the lease. Most were arranged so the lessee got to expense the rents and it would be off balance sheet for accounting and the lessor took the tax advantages and occasionally lowered the lessee’s rent.

When combined with the renewal term usually the lessor received the full equipment cost and sold the equipment for a bargain to the lessee upon termination. However, the current accounting rules require the lessee to include the second or third term to the net present value of the rent for operating lease treatment.

Vendor Side Letters

We see side agreements where vendors guarantee lessee’s performance called vendors recourse. These agreements, when called upon to perform due to a default, are usually poorly drafted. They require covering all the events that must be covered to cash out such as: attorneys cost, repossession costs, insurance, storage, selling costs, time value of money when it takes a long time to sell, etc. Usually the vendor gets upset and refuses to pay when the repossession costs were not discussed in the agreement and they represent significant costs. Most vendors will only cover the difference between the unpaid balance and the sale price of the equipment. If the agreement does not cover all the costs problems will arise.

Any time a side agreement is used it should become an exhibit and be discussed in the lease agreement so there can be no misunderstanding of its purpose. Side agreements that are meant to sidestep some rule or requirement are a very poor way to do leasing and will only lead to heavy problems and will get the leasing company a very poor reputation.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty years and can be reached at or 502-327-8666.

He invites your questions and queries.

Previous #102 Columns:

Mr. Terry Winders available as Expert Witness. 35 years as a professional instructor to the top equipment leasing and finance companies in the United States, author of several books, including DVD's, as well as weekly columnist to Leasing News. He also performs audits of leasing companies as an expert on documentation, and has acted as an expert witness on leasing for litigation in legal and tax disputes, including before the IRS. He also has taught the senior bank examiners, how to review a bank leasing department, for the Federal Reserve in Washington D.C. and has trained the examiners for the FDIC on how to prepare a lease portfolio for sale.

Mr. Winders received his Master of Business Administration and his Bachelor of Science degrees from the College of Notre Dame.


(This ad is a “trade” for the writing of this column. Opinions
contained in the column are those of Mr. Terry Winders, CLP)






Top Stories September 5-7

Here are the top ten stories opened by readers

(1) Archives---September 5, 2000
36 Leasing Companies Major Changes

(Tie) (2) Why is Republic Bank in Liquidation/Out of Leasing?
by Christopher Menkin

(Tie) (2) Mazuma and Republic Bank Get Snared on
PRR Provision in Equipment Lease
by Tom McCurnin, Esq.

(3)  Gerry Egan Out of the Hospital
   ---Hopes to attend NEFA Conference

(4) Companies who utilize Evergreen Clauses for Extra Lease Payments

(5) Leasing Companies Out of Business
plus No Longer taking Broker/Discounting Business

(6) Secured Creditor Loses to Junior Creditor Bank of the West
by Tom McCurnin, Esq.

(7) Paul Balinski Passes Away

(8) New Hires---Promotions

(9) Bob New Joins CNG Leasing in Joint Venture
--- Team Giannoni

(10) CLP Spotlight Bud Callahan, CLP
National Equipment Leasing, Inc.


• Contract Negotiations • Fraud Investigations 
• Credit Investigations • Skip-tracing 
• Third-party Commercial Collections
John Kenny 
Receivables Management

For flat fee or commissions basis | ph 315-866-1167|

(Leasing News provides this ad as a trade for investigations
and background information provided by John Kenny)




Classified Ads---Sales

(These ads are “free” to those seeking employment or
looking to improve their position)

Aggressive, competitive self-starter with vendor/direct equipment 
leasing and asset-based lending experience. Success in business banking sales and financial planning. 
Email: | Resume

Garfield, NJ
15 years experience small to large ticket sales exp. All types of equipment industries. Vendor & direct. Self motivated. Work with leasing company or broker.
Tony Lio
Montgomery, AL
Individual with 10 years advertising sales exp. & 7 years insurance sales exp. Wants independent contractor situation in Alabama.
Work with leasing company or broker. 334-590-5133

Orange County, CA 
20+ yrs. leasing sales/sales mgmt
Established remote office w/Lessee/Vendor following
Request Salary + commission or partnership w/direct funding source.

Pittsburgh , PA 
Aggressive self starter looking for leasing position w/10 plus yrs sales exp., plus banking experience 814-227-4592

San Francisco Bay Area:
15 year Vendor Program Agreement HUNTER. Currently employed at major IT manufacturer captive supporting direct and channel sales. Must have base, commission and benefit package.

15 year lease vet looking for plact to take business.great references. all major equipment types. open to compensation. please contact if interested.

Free Posting for those seeking employment in Leasing

All “free” categories “job wanted” ads:



Career Crossroad—“They want more information!”

Question: Emily, I am in process of interviewing with a few companies for sales roles. They continuously ask me for “more information”. They have my resume – isn’t that enough? The process is getting to be a bit annoying. How should I handle this request for more information?

Answer: These days a resume just isn’t enough! Remember, our industry went through a lot of changes and there are companies that are still gun-shy on pulling the trigger to hire Candidates without going through a rigorous due diligence process.

Hiring a Sales Rep must to translate into $$$. Typically, hiring managers have P&L responsibilities, so they MUST make good hiring decisions. How is this done: Making sure the Candidate has a proven track record of success.

A resume is basically an overview of your career history. It is required that they dig deeper into your successes (and failures). This may require that you, the Candidate, supply a lot of information to reflect these successes.

Yes, it may seem tedious, but it is a necessary.

Don’t be frustrated, see it as a good way for you to review and understand your strong and weak points.

Once you’ve gone through this process a few times, it will become second nature and you’ll be prepared IN ADVANCE for future career prospects.

Emily Fitzpatrick
Sr. Recruiter
Recruiters International, Inc.
Phone: 954-885-9241
Cell: 954-612-0567
Connect on LinkedIn:
Recruiters International, Inc
Also follow us on Twitter #RIIINFO

Career Crossroads Previous Columns


Leasing Industry Help Wanted

General Legal Counsel
National Bank Holding Company in Southern California
10+ yrs exp. commercial finance/leasing industry.
Background in employment law, contract origination,bankruptcy litigation/ must possess
an immense veracity, extensive understanding on
wide range of legal issues and business experience.
Salary requirements + resume:


Los Angeles, CA
Taycor has developed and tested an innovative and
unique marketing engine, and we are ready to grow! 
We are looking for closers and relationship builders,
not cold callers. (Full description) or apply online at


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Please see our Job Wanted section for possible new employees.



Kibosh on Common Fund Class Action Settlements

by Tom McCurnin, Esq.
Barton, Klugman & Oetting
Los Angeles, California

Federal Court of Appeals Rules That Common Fund Settlements Must
Have Driving Nexus to Injured Class Members, Calling Into
Question Future Class Action Settlements

Class Actions are the bane of corporate America. When the corporation stubs its toe, a greedy class action lawyer seizes the opportunity to sue for millions, To buy peace, the corporations often throw in a few million (from insurance) to make the case go away. But what happens to the money? Sure, the class action lawyer gets rich, and the class receives a pittance, what happens to the rest? Like nobility traversing through Sherwood Forest, the corporation agrees to settle with Robin Hood to fund specified charities for its sins.

Most cases are settled on a “common fund” basis where the corporation distributes a pile of money, and the class members get a stupid coupon or a $5 check, the class action lawyers get a huge sum, and the rest is given to charity to feed the homeless or save the whales. A class action administrator charges $100-300,000 to administer the whole process.

The common fund has to be extraordinarily large because at least in Federal Court, attorney fees are a percentage of the common fund, usually around 25%. So if the class action lawyer is going to get a nice paycheck, say in the neighborhood of $250,000, the common fund has to be at least a million dollars.

A common fund settlement which gets distributed in this fashion is often called a “cypress” settlement, which is Latin for “"as near as possible.” In short, not all the money can realistically go to the class members for their $5 purchase or to the lawyers, so the Court approves a give-a-way to charities. It makes corporate American feel good, corporate America pays the ransom, the class action lawyers get a nice pot, and some deserving charities get large contributions. Sounds great, doesn’t it?

But recently, the Ninth Circuit put its foot down and put the kibosh on these Robin Hood class action settlements in the case of Dennis v Kellogg Co., 2012 WL 2870128 (9th Cir. 2012). The case is significant, because unless the lawyers get really creative, this may spell the end of for this type of class action settlement.

Some background on the case is necessary. Kellogg’s markets cereals like “Frosted Mini-Wheats” claiming that it is “part of a nutritious breakfast” and “helps improve children's attentiveness by nearly 20%.” As ridiculous as that advertising slogan was, the fact that a class action lawyer sued to stop the practice was equally ridiculous. Kelloggs quickly bought their peace, and agreed to a $2.75 million dollar “common fund” settlement, whereby purchasers of the product would receive $5 per box of cereal purchased, up to a maximum of $15. The rest of the money would go to charities selected by the parties, and Kelloggs would also donate $5.5 million worth of specific Kellogg food items to charities that feed the indigent. Kelloggs agreed to pay the class action lawyers a sum not to exceed $2 million. The total value of the settlement was nearly $10 million dollars.

The parties brought the case for approval of the settlement, and the trial court approved the settlement. In a surprise decision, the Ninth Circuit disallowed the settlement, sending the case back to trial court.

The basis of the ruling is that the cy pres charities have to have a “driving nexus” to the injured class. So if the class consists of children who ate Frosted Mini-Wheats and didn’t have 20% more attentiveness, then the charity has to relate geographically and functionally to inattentive children. Feeding indigent children through a variety of charities was neither functionally nor geographically related to inattentive children in America.

The Court summed everything up in the final paragraph when it stated:

Class counsel and Kellogg ask us for the impossible. …The settlement provides no assurance that the charities to whom the money and food will be distributed will bear any nexus to the plaintiff class or to their false advertising claims and therefore violates our well-established standards governing cypress awards. Moreover, the attorneys' fees are impermissibly high considering what the defective settlement provides the class

Accordingly, the Ninth Circuit sent the case back to the trial court. This was one instance where the typical Robin Hood class action settlement wasn’t going pass the muster.

The Dennis case is a double edged sword for class actions. On the one hand, insurers for corporate America simply want to write a check and get out of expensive class action litigation. So this may force up defense costs if the case can’t settle. On the other hand, if no such Robin Hood settlements were available to increase the pot size, the numbers of class action suits might decrease.

There are tangible lessons to be learned from the Dennis v Kelloggs case.

First, settlement judges and class action counsel will certainly have go to settlements more prepared with specific organized groups which address the harm suffered by the class, if they can be located.

Second, given the ticky-tack nature of some class action lawsuits, I find that it might be impossible to locate a charity sufficiently connected to the specific harm alleged to satisfy the Ninth Circuit.

Third, the settlement might have a provision for reversion of the funds back to the corporation or its insurers, or escheating the money to the U.S. Federal Government.

Finally, no matter how prepared counsel might be, there is no getting around that Dennis v Kellogg represents a reversal of the class action settlement engine, which might be a benefit to most corporations and their insurers. The trip through Sherwood Forest may not be as expensive as it once was.

Tom McCurnin
Barton, Klugman & Oetting
Los Angeles, California
Voice: (213) 621-4000
Fax (213) 625-1832

Visit our Web Site at

Court Case:

Previous Tom McCurnin Articles:



#### Press Release ############################

PacTrust Bank Launches Leasing and Financing Program

IRVINE, CA., - PacTrust Bank, a wholly-owned subsidiary of First PacTrust Bancorp, Inc. (NASDAQ: “BANC”), announces that it has launched a new commercial equipment leasing and financing program which will include the acquisition of select portfolios of equipment leases and direct originations of leases through partnerships with a small group of “best in class” originators located throughout the United States.

David Normadin, Sr. VP

David Normandin, CLP, PacTrust Bank’s new Senior Vice President of Commercial Leasing, stated “PacTrust Bank’s Commercial Equipment Finance Group is committed to becoming the nation’s first choice in commercial equipment finance for small to mid-sized businesses focusing on “small ticket” transactions of $250,000 or less.

As of June 30, 2012, the small ticket leasing market represented approximately $328 billion in lease receivables, with business owners citing certainty of closing and speed as the most important drivers for their decision to select one provider over another. With PacTrust Bank’s new strong team of experienced lease finance professionals, and the use of PacTrust’s robust technology platform, the Commercial Equipment Finance Group intends to gain market share and add value to PacTrust Bank’s customers by offering an innovative choice of products and an exceptional level of personal service for the creditworthy customer. “

Greg Mitchell, CEO

Greg Mitchell, Chief Executive Officer of PacTrust Bank stated “We are excited to welcome David and the whole Commercial Finance Equipment team to PacTrust Bank. We will continue to add great new services like small ticket equipment leasing as part of our strategy to become California’s ‘Bank of Choice.’

” We believe the future will be bright for America’s small businesses and we look forward to distinguishing ourselves against our competitors by providing small business owners with the kind of compelling products and timely decision making they need to grow and prosper.”

David Normandin’s career in commercial equipment finance spans almost 20 years and has included experience in direct originations, sales management, training, organizational development, credit, funding, portfolio management. David was a founding member of Envision Capital Group LLC and is joined at PacTrust Bank by a team of seasoned and successful industry veterans, including Chris Maudlin and Jaimie Haver.

About First PacTrust Bancorp
Based in Irvine, Calif., First PacTrust Bancorp, Inc. is the $1.6 billion multi-bank holding company of PacTrust Bank and Beach Business Bank, which together operate 19 banking offices in Los Angeles, Orange, San Diego and Riverside counties, and 23 loan production offices in California, Arizona, Oregon and Washington. PacTrust Bank gives customers convenient account access choices through 30,000 surcharge-free ATM locations nationwide, as well as mobile, online and telephone banking. In addition to providing a full range of consumer and business deposit and loan services, PacTrust is one of the few institutions that offer free checking, maintaining a client focused reputation built on its four core principles of service, choice, value and trust. Beach Business Bank provides a full range of deposit and loan services tailored to meet the needs of small-to-mid-sized businesses, professionals and individuals. Beach Business Bank also has a division named The Doctors Bank®, which serves physicians and dentists nationwide. Additionally, Beach Business Bank provides loans to small businesses based on SBA lending programs.

Leasing Contact:
David A. Normandin CLP
Senior Vice President
Commercial Equipment Finance
18500 Von Karman
Irvine, CA 92612
949.291.8587 Mobile
949.825.8939 Direct
949.777.6364 Fax

Greg Mitchell, CEO, PacTrust Bank

#### Press Release ##############################

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to help support the growth of Lease Police)

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Plott Hound
Bloomington, Minnesota Adopt a Dog

ID#: L0014
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Peter's Story..."
~Foster Needed~

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Adoption Fee: $250

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If you are interested in adopting, please fill out an application here:

Contact This Rescue Group...
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Please email this shelter!
(They don't list their phone number here)
Let 'em know you saw "Peter" on!
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Former UBS trader faces trial over $2.3 billion losses

Failed-bank bidding details


Coca-Cola to spend $30 billion to grow globally

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Sports Briefs----

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Baseball Poem

Silly Question

By: "Papa" Joe Chevalier

I like;
All nine innings and knee high strikes
The diamond cut by flashing spikes.
The infield hit, a long home run
Doubleheaders, the radar gun.
The curve, the knuckler, slider and splitter
A slugfest or the chance no-hitter.
The majors, the minors, the kids, the vets
The "Whiz Kids," the "Amazing Mets."
The squeeze bunt and the hit and run
The double steal on three and one.
Both real and artificial grass.
The routine grounder or astro turf hop.
Signs to take and signs to steal
Beating the deadline with a late night deal.
The brush back pitch, the managers warned
The visiting star locally scorned.
Balls with eyes and rain delays
Around the horn double plays.
Walking leads and frozen ropes
Bloops, blasts and springtime hopes.
The game of the week and cable TV
Descriptions like "Good field-no-hit
Or "Say goodbye baseball" at Safeco Field
Diving catches and trapped fly balls
Coaches sweating on 3-2 calls.
The pickoff move and stealing home
Games in the sun or under a dome.
Walks, balks, and fielders choices
An irate skipper getting the gate.
Cold soda, peanuts and ball park franks
Sometimes even the New York Yanks.
For all this and more I have good reason
To be pleased that it's Baseball season.
And if you guys don't mind suggestions,
Go somewhere else with your silly questions!

To hear the poem read by Johnny Nguyen




California Nuts Briefs---

San Francisco 49ers sell $670 million in seats for new stadium

Foreigners shop for Bay Area real estate


“Gimme that Wine”

Demand Is High and Rising, Napa Growers Say

Champagne yields set for 2012 harvest

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Wine Prices by vintage

US/International Wine Events

Winery Atlas\

Leasing News Wine & Spirits Page


This Day in History

    1565-Billiards were played in St. Augustine, Florida, brought to America by the Spaniards who were the first to settle the area.
    1608 - English adventurer John Smith is elected council president of Jamestown, Virginia--the first permanent English settlement in North America.
    1718 -The Collegiate School at New Haven, CT, changed its name to Yale. (Congregationalists, unhappy with an increasing religious liberalism at Harvard, had founded Yale, the third oldest college in America, in 1701.)
    1776-George Washington asks for a spy volunteer ;Nathan Hale volunteers.
    1794- Blount College’ the first nondenominational church was charted at Knoxville, TN ( now the University of Tennessee). The charger provided that the college “ take effectual care that students of all denominations may and shall be admitted to the equal advantages of a liberal education and to the emoluments and honors of the college, so that they shall receive a like, fair, generous, and equal treatment during their residence therein.” The first president was Samuel Carrick.
    1813-The American naval officer Oliver Hazard Perry left Erie, PA, with a fleet of nine ships and encountered a squadron of six British warships off Put-in-Bay, Ohio, today, which history calls “ The Battle of Lake Erie.” Perry’s attack was hampered by his short-range guns, and his ship was battered to a hulk with only a handful of capable men left. He left his flagship Lawrence and renewed the fight from a sister ship, the Niagra, and had the satisfaction of seeing the British strike their colors. He returned to the Lawrence to accept the British surrender, then sent to Gen. William Henry Harrison, commander in the west, the victory dispatch containing the words, “ We have met the enemy and they are ours.” The Americans gained control of Lake Erie, and the British were obliged to withdraw from Detroit, further strengthening the U.S. position in the Great Lakes.
    1820-Missouri entered the Union under the Missouri Compromise of 1820, admitting Missouri as a slave state while admitting Maine as a free state, and prohibiting slavery in Louisiana Territory north of the parallel 36º 30', Missouri's southern border.
    1846 -- Following the failure of all Mormons to leave Nauvoo, Illinois in May as agreed to after the assassination of Joseph Smith and his brother in Carthage, Illinois two years ago, a thousand anti-Mormon "Regulators" led by Colonel Thomas Brockman order the first assault on the remaining Mormons at Nauvoo. Regulator cannon fire drives Mormon families from their homes towards the Mississippi River.
    1848-Gold dust price set at $16 per ounce; San Francisco citizens demanded that the United States open a branch mint in San Francisco.
    1852- Birthday of Alice Brown Davis was a leader and for a short time the chief of the Seminole Indians. She married a white man who deserted her and their 11 children when the youngest was three. They had operated a trading post for the Seminoles in Oklahoma where ABD's family had settled after the Civil War. Most of the children became prominent community and government leaders. She reportedly became an amazing symbol of strength among her people who resided near the Cherokee in Oklahoma. She even went with a group as an interpreter to seek land in Mexico. Her people's self-government was effectively abolished when the State of Oklahoma set up counties that submerged the Indian population with white voters. Because the U.S. government needed a chief's signature for a piece of Florida property, President Warren G. Harding appointed her chief of the Seminoles. She had previously visited the "lost" group of Seminole who had hidden in the Florida Everglades to escape the forced migration that became the Trail of Tears and established a dialogue between the two groups. Instead of signing, ABD demanded reparations and she was summarily removed and a U.S. government illegally signed the deed. The Seminoles, under her guidance took the matter to court and finally won a settlement in 1946, 11 years after Davis' death.
    1857- -- US: Mountain Meadows Massacre. Mormons offer to escort a Gentile train passing through Utah to safety from the Indians, then line up all the adult males in single file with a Mormon guide on each side, and, at a prearranged signal, massacre them all in cold blood. Mormon Militia, disguised as Indians and the real Indians, moved in on the women and older children, shooting, clubbing and tomahawking them to death.
    1862-Rabbi Jacob Frankel of Philadelphia, PA became the first Jewish Army chaplain, four months after Congress amended its law of 1861 requiring chaplains to be Christians. Frankel served from 1863 through 1865 at the United States Hospital in Philadelphia. 
    1877- Katherine Sophie Dreier, U.S. painter and modern art museum founder. Instead of focusing on her considerable artistic talent, KSD turned most of her energies towards gaining acceptance in the United States for modern art. Independently wealthy, she - along with artist Marcel Duchamp - established Soci,t, Anonyme in 1920, New York City's first museum of modern art. She published material and held lectures and the like to encourage acceptance of the new art forms. When the Museum of Modern Art opened in 1928, it eclipsed her museum and she later donated the collection to Yale University. Her sisters were Mary Elizabeth Dreier and Margaret Dreier Robins, both active in art and in social concerns. All three were active in the women's suffrage and rights movements.
    1884-Mississippi African-American Congressman John R. Lynch was temporary chairman of the Republican National Convention, providing over the meeting for a short period.,john_lynch_autograph,3d09410a0.html
    1909- Dr. Judith Kaplan Eisenstein birthday: U.S. author, musicologist, and composer. In 1922 Dr. Eisenstein was the first woman to have a bat mitzvah.
"No thunder sounded,” she said in 1992, recalling the ceremony. "No lightning struck." Allowing women the rite that had long marked the passage of Jewish males into religious adulthood proved to be the first of many changes broadening the role of women in Judaism. The changes now included their ordination as rabbis. She was the oldest daughter of Rabbi Mordecai Kaplan, the founder of the Reconstructionist branch of Judaism. Today the bat mitzvah ceremony (bar mitzvah is for boys) is an established practice within the Conservative, Reform and Reconstructionist branches of Judaism, and parallel celebrations are common in some quarters of Orthodox Judaism as well. From 1929 to 1954, Dr. Eisenstein taught music education and the history of Jewish music at Jewish Theological Seminary's Teacher's Institute, now known as the Albert A. List College of Jewish Studies in New York City. While there she published a Jewish songbook for children, Gateway to Jewish Song, which was followed by other books of Jewish music and musical history for young people. From 1942 to 1974, she wrote seven cantatas on Jewish themes, among them is the frequently performed, What Is Torah, which she wrote with her husband, Rabbi Ira Eisenstein. In 1959, at the age of 50, Dr. Eisenstein, who had earned a Master's degree in music education at Columbia University's Teachers College, began work for her Ph.D. at the School of Sacred Music of Hebrew Union college-Jewish Institute of Religion in New York. After receiving her degree, she taught there from 1966 to 1979, and also taught at the Reconstructionist Rabbinical College in Philadelphia.
ceremonies, like bar mitzvahs, were often overshadowed by lavish parties.
"Bat mitzvah began not just as a statement of feminism,” she said, "but as a statement of dedication to something larger than oneself."
    1910-Great Idaho Fire destroys 3 million acres of timber
    1910 Composer/Band Leader/Inventer Raymond Scott Birthday
    1913-the Lincoln Highway, a 3,300 mile highway stretching from New York City to San Francisco, CA was opened, becoming the first coast-to-coast paved road. It was originally proposed by Carl Graham Fisher. The highway traversed 13 states—New York, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, Iowa, Nebraska, Colorado, Wyoming, Utah, Nevada, and California ---and cost about $10 million. The first complete coast-to-coast run over the official route was made by Neil Patterson.
    1919 - A hurricane struck the Florida Keys drowning more than 500 persons.
    1924 -Leopold and Loeb found guilty of murder
    1929-Birthday of golfer Arnold Palmer, Latrobe, PA.
    1934-birthday of Roger Eugene Maris, Hibbin, MN. In 1961, Maris broke one of baseball’s sacred records, hitting 61 home runs to surpass the mark of 60 set by Babe Ruth in 1927. He won the American League MVP award in 1960 and in 1961 and finished his career with the St. Louis Cardinals. He died at Houston, TX, Dec 14, 1985.
    1939-Charlie Barnet records “ The Duke’s Idea.” (Bluebird 10453)
    1941-Woody Herman records “Blues in the Night” 1950 - Eddie Cantor moved from radio to TV, as he hosted the "Colgate Comedy Hour" on NBC. 
    1945-Birthday of Jose Feliciano, singer, musician “Light My Fire, “ Hi-Heel Sneakers) born Lares, Puerto Rico.
    1950 - Aerosmith guitarist Joe Perry is born in Boston.
    1951 - Florence Chadwick of San Diego, CA, became the first American woman to swim the English Channel from both coasts. 
    1952---Top Hits
Auf Wiedersehn, Sweetheart - Vera Lynn
Walkin’ My Baby Back Home - Johnnie Ray
Wish You Were Here - Eddie Fisher
Jambalaya (On the Bayou) - Hank Williams
    1954- Swanson sells its first "TV dinner,” turkey and gravy. Chicken came a few years later; remember no microwave in the early days.1962 Swanson stopped calling them TV dinners.
    1954“Gunsmoke” premiered on TV. “Gunsmoke” was TV’s longest-running western, moving from radio to TV. John Wayne turned down the roll of Marshall Dillon. James Whitmore was then chosen, but he declined, recommending his neighbor James Arness ( Whitmore lived across the street from us and Arness a few blocks away---he drove my brother and I to high school for several years in his station wagon on his way to work ). Other regulars included Amanda Blake as Kitty Russell, saloon-owner, Dennis Weaver as Chester B. Goode, Dillon’s deputy and Milburn Stone as Doc Adams. In 1962 a fifth character was added---the “rugged male.” Burt Reynolds played Quint Asper, followed by Roger Eweing as Thad Greenwood, and Buck Taylor as Newly O’Brien. In 1964 Ken Curtis was added as funnyman Festus Haggen, the new deputy. “Gunsmoke” was incredibly popular, both as a half-hour and hour-long show, as the number-one rated series for four seasons , and top ten hit for six seasons. The last telecast was September 1, 1975.
    1955 - Bert Parks began a 25-year career as host of the "Miss America Pageant" on NBC. The show became a TV tradition as Parks sang to the newly-crowned beauty queen, “There She is ... Miss America”. The song was composed by Bernie Wayne and was sung for the first time on this day. Sharon Kay Ritchie was the first Miss America to be honored with the song. When she married singer Don Cherry ("Band of Gold"), "There She Is" was part of the wedding ceremony. 
    1955--Chuck Berry's "Maybellene" peaks at #5 on the pop chart.
    1956-Record stores are swamped with requests for Elvis Presley's "Love Me Tender." The song, which is the title track of his next movie, has not been released.
    1960 - Hurricane Donna struck the Florida Keys, with winds gusting to 180 mph and a thirteen foot storm surge. The hurricane then moved north along the eastern coast of Florida and inundated Naples before moving out to sea. Hurricane Donna claimed fifty lives, injured 1800 others, and caused more than 300 million dollars damage. The Marathon/Tavernier area was almost completely destroyed, and in the Citrus Belt, most of the avocado crop was blown from the trees. Hurricane Donna wreaked havoc from Florida to Maine, with wind gusts to 100 mph along much of the coast. Hurricane Donna produced wind gusts to 121 mph at Charleston SC on the 11th, and wind gusts to 138 mph at Blue Hill Observatory MA on the 12th. The hurricane finally died over Maine two days later, producing more than five inches of rain over the state.
    1960---Top Hits
It’s Now or Never - Elvis Presley
The Twist - Chubby Checker
Volare - Bobby Rydell
Alabam - Cowboy Copas
    1961 - Mickey Mantle tied a major-league baseball record for home runs by hammering his 400th career round-tripper. 
    1963-Twenty black students entered public schools in Alabama.
President John F. Kennedy federalizes Alabama's National Guard to prevent Governor George C. Wallace from using guardsmen to stop public-school desegregation.'s/Birmingham.htm
    1964 - Rod Stewart recorded his first tune, titled "Good Morning Little Schoolgirl", for Decca. It was not one of his more successful recordings.
    1965-Hurricane Betsy slammed Louisiana with wind gusting to 130 mph at Houma. There were 58 deaths and over 17,500 injured. The storm surge and flooding from torrential rains made Betsy the first billion dollar hurricane was losses exceeding $1.4 billion
    1966-“Star Trek” premieres on TV. The first of 79 episodes of the TV series ‘Star Trek” was aired on the NBC network. Although the science fiction show set in the future only lasted a few seasons, it has remained enor­mously popular through syndication reruns. It has been given new life through six motion pictures, a cartoon TV series and the very popular TV series “Star Trek: The Next Generation” and “Star Trek: Deep Space Nine.” It has consistently ranked among the biggest titles in the motion picture, television, home video and licensing divisions of Paramount Pictures.
    1966-“Tarzan” premieres on TV. This hour adventure series was based on Edgar Rice Burroughs’ character, who appeared for the first time on TV. Tarzan, an English lord who preferred the jungle, was played by Ron Ely. Manuel Padilla, Jr. was Jai, a jungle orphan, Alan Caillou was Jason Flood, Jai’s tutor and Rockne Tarkington was Rao, a veterinarian. There was no Jane.
    1966- Beatles' "Revolver," album goes #1 and stays #1 for 6 weeks.
    1966- “That Girl” premiered and it was a half-hour sitcom starring Marlo Thomas as Ann Marie, an independent aspiring actress in New York City. Ted Bessell also starred as her boyfriend Don Hollinger. They were finally engaged in 1970. Also featured were Lew Parker, Rosemary De Camp and Bonnie Scott. Well-known per­formers who appeared on the show include Dabney Coleman, George Carlin and Bernie Kopell.
    1966-“ The Road Runner Show” premiered on TV. Meep! Meep! The Road Runner, a clever bird who always outwitted Wile E. Coyote and his Acme schemes, had his own cartoon series for three seasons. Other times, this character was on a show with Bugs Bunny called “ The Bugs Bunny/Road Runner Hour.”
    1966- The Monkees' "The Last Train To Clarksville" is released.
    1966-Wilson Pickett's "Land of 1000 Dances" peaks at #6 on the chart while The Troggs' "With A Girl Like You" peaks at #29 on the chart.
    1967-“Gentle Ben” premiere on TV. This show was about the adventures of a boy, Mark Wedloe (Clint Howard) and his pet bear, Ben. Also featured were Dennis Weaver as his father, Tom, a game warden. Beth Brickell as his mother Ellen, Jack Worley as Tom’s friend Spencer and Angelo Rutherford as his friend Willie. It was filmed on location in Florida.
    1968---Top Hits
People Got to Be Free - The Rascals
Born to Be Wild - Steppenwolf
Light My Fire - Jose Feliciano
Mama Tried - Merle Haggard
    1971- At Metropolitan Stadium in Minneapolis, Harmon Killebrew becomes the tenth player to join the 500 home run club as hits the historic homer in the first inning off Mike Cuellar. Later in the game the 36-year old first baseman connects for #501, but 'Killer's' two round-trippers are to no avail as the Twins lose to the Orioles in 10 innings, 4-3.
    1972 - Muhammad Ali defeated Ken Norton in a heavyweight boxing match and avenged a loss to Norton the previous March. 
    1972-The United States lost its first basketball game in Olympic history, snapping a streak going back to 1935, when the Soviet Union won the gold medal game at the Munich Summer Games, 51-50. The game was quite controversial. After the clock expired with the US ahead, International Amateur Basketball Federation officials intervened and required the referees to replay the last three seconds. This time, the Soviets scored to eke out the victory. US officials protest in vain. The American team refused to accept the silver medal.
    1973 - No. 1 Billboard Pop Hit: ``Delta Dawn,'' Helen Reddy. Reddy is the fifth female vocalist to record the song.
    1974 - Lou Brock of the St. Louis Cardinals broke Maury Wills’ 1962 major-league record for stolen bases in a season. ‘Lightning’ Lou stole his 105th base on his way to a career total of 938 stolen bases. 
    1976---Top Hits
You Should Be Dancing - Bee Gees
You’ll Never Find Another Love like Mine - Lou Rawls
Let ’Em In - Wings
(I’m A) Stand by My Woman Man - Ronnie Milsap
    1980-The Rolling Stones release "She's So Cold."
    1983-Jackson Browne's "Lawyers in Love" peaks at #13 on the singles chart while Peter Gabriel's "Solsbury Hill" peaks at #84.
    1983-AC/DC's "Flick Of The Switch" LP enters the chart.
    1984 - The Federal Communications Commission changed the rules. The FCC allowed broadcasters to own 12 AM and 12 FM radio stations. The previous limit was 7 of each. 
    1984---Top Hits
What’s Love Got to Do with It - Tina Turner
Missing You - John Waite
She Bop - Cyndi Lauper
Tennessee Homesick Blues - Dolly Parton
    1986- During Billy Martin Day at Yankee Stadium, the Bronx Bombers retire uniform #1 to honor their scrappy second baseman and four-time manager.
    1986--Birthday of American Composer Jason Rudolf, Decatur, Illinois
    1988-Steffi Graf wins US Open, 1st woman Grand Slam since Court (1970)
    1988-Robert Palmer's "Simply Irresistible" peaks at #2 on the singles chart while Guns N' Roses' "Sweet Child O' Mine" hits #1 and Van Halen's "When It's Love" hits #5.
    1989- After fifteen months of recovery from cancer surgery to his arm, Dave Dravecky pitches one-hit baseball for seven innings blanking the Reds to get the victory. The Giant bullpen holds on for a 4-3 win at Candlestick Park.
    1989 - Light snow fell in Montana overnight, with three inches reported at Fairfield. Billings MT reported a record low of 33 degrees. Unseasonably warm weather prevailed in the northeastern U.S., with record highs of 86 degrees at Caribou ME and 90 degrees at Burlington VT.
    1990 -19 year old Pete Sampras beats Andre Agassi to win the US Open
    1990 -First time in NY Yankee history they are completely swept in a season series, Oakland A's beat them 12 games to 0 
    1990- Hard Rock Cafe opens in Las Vegas Nevada.
    1993-“The X-Files” TV Premiere. “The Truth is Out There” was the mantra of FOX’s scary and brainy sci-fi drama. Special FBI agents Fox Mulder ( David Duchovny) and Dana Scully ( Gillian Anderson) solved cases too weird for the Bureau and also uncovered a vast conspiracy 9nvovling aliens and human-alien hybrids. TV Guide named “The X-Files” one of the greatest TV shows of all time. A feature-length file was created as well. The series ended in 2002.
    1995-Cyndi Lauper wins an Emmy for her guest appearance on "Mad About You..”
    1997- In a 7-6 loss to the Giants, Cardinal Mark McGwire becomes only the second player in major league history to hit 50 home runs in consecutive seasons. Babe Ruth accomplished the feat twice in 1920-21 and 1927-28 seasons.
    2002 --Sammy Sosa hits three home runs in consecutive at bats in the third, fourth and fifth innings tying a Cubs' record with nine RBIs established by Heinie Zimmerman in 1911. With his sixth career three-homer game performance, the Chicago right fielder also ties the major league record set by Johnny Mize and he also becomes only the fifth player in big league history to homer in three straight innings.
    2003---Rafael Furcal becomes the 12th player to turn an unassisted triple play in big league history. With runners on Cardinals on first (Orlando Palmeiro) and second (Mike Matheny) in the fifth inning, the Braves shortstop makes a leaping catch of pitcher Woody Williams' liner steps on second base to double up Matheny before tagging out Palmeiro who is attempting to get back to first base.




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