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LLA-Le Roy James & Cynthia Lu Rodrigues and Alfred M. & Loretta M. Pastor & Ralphael Garcia Rodrigues & Valentina Sanchez Rodrigues-21980 & 21976 McClellan Rd, APNs: 356-08-029 & 356-08-030RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 DOCUMENT: 16968679 111111111111111111111111 ages: 17 Fees.... 55.00 Taxes.. Copies. AMT PAID 55.00 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of North American Title Company (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE PUBLIC WORKS WITH GOV. CODE 6103 RDE # 006 4/16/2003 8:00 AM LOT LINE ADJUSTMENT, LE ROY JAMES RODRIGUES AND CYNTHIA LU RODRIGUES, AS TRUSTEES OF THE RODRIGUES FAMILY TRUST DATED JUNE 11, 1998, AS TO AN UNDIVIDED 50% INTEREST AND ALFRED M. PASTOR AND LORETTA M. PASTOR, AS TRUSTEES OF THE PASTOR FAMILY TRUST DATED SEPTEMBER 2, 1998, AS TO AN UNDIVIDED 50% INTEREST, PARCEL A(1), APN 356-08-029; AND RALPHAEL GARCIA RODRIGUES, VALENTINA SANCHEZ RODRIGUES AND LE ROY JAMES RODRIGUES, AS TRUSTEES OF THE RODRIGUES FAMILY TRUST DATED JULY 7, 1982, PARCEL B(2), APN 356-08-030 Original For Fast Endorsement LOT LINE ADJUSTMENT Property Owner: Le Roy James Rodrigues and Cynthia Lu Rodrigues, As Trustees of the Rodrigues Family Trust Dated June 11, 1998, As To An Undivided 50% Interest and Alfred M. Pastor and Loretta M. Pastor, As Trustees of the Pastor Family Trust Dated September 2, 1998, As To An Undivided 50% Interest, Parcel A(1), APN 356-08-029; and Ralphael Garcia Rodrigues, Valentina Sanchez Rodrigues and Le Roy James Rodrigues, As Trustees of the Rodrigues Family Trust Dated July 7, 1982, Parcel B(2), APN 356-08- 030 ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO OR MORE ADJACENT PARCELS BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO: A request for a lot line adjustment between Parcels A(1) and B(2) as designated on the attached plat and descriptions marked Exhibit "A", and attached hereto, has been submitted by the record owners of the above properties (as shown in Exhibit "B", attached) of the City of Cupertino with the request that an adjustment of lot lines be approved by the City Engineer. The City Engineer hereby finds that the lot line adjustment requested is between two or more adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a greater number of parcels than originally existed would not be created. Based on the above facts and findings and by the authority of Section 18.08.0101-1 of the City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line adjustment is hereby approved. This lot line adjustment shall be totally null and void without further act of the City of Cupertino, in the event that the change in title interest of ownership (including lien holder interest) is not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the event that any change in title interest of ownership (including lien holder interest) from the specified on the preliminary title report designated on Exhibit "B" and attached hereto, occurs prior to the recordation of the grant deed conveying the real property in conformity to Exhibit "A". Approved this 17t" day of March, 2003. RALPH A. QUALLS, JR CITY ENGINEER CITY OF CUPERTINO C.E. # 22046 B`72� c�(•t [.t_ (�(rr� Exhibit `A' Legal Description Existing Parcels Parcel One Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Parcel 1 of that certain Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara, State of California on March 19, 1971 in Book 280 of Maps, at Page 20. Parcel Two Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Parcel 2 of that certain Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara, State of California on March 19, 1971 in Book 280 of Maps, at Page 20. 02/27/03 Prepared by: JMH Weiss, Inc. Exhibit `A' Legal Description New Parcels Parcel A Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a of portion of Parcel Iof that certain Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara, State of California on March 19, 1971 in Book 280 of Maps, at Page 20 and being described as follows: Beginning at the Northwest corner of said Parcel 1; thence along the northerly line of said Parcel 1, North 90°00'00" East 85.23 feet; thence leaving said northerly line, South 00°00'00" East 88.00 feet to a point on the southerly line of said Parcel 1; thence along said southerly line, North 90°00'00" West 85.23 feet to the southwesterly corner of said Parcel 1; thence along the westerly line of said Parcel 1, North 00°00'00" East 88.00 feet to the Point of Beginning. Said described parcel contains 7,500 square feet, more or less ParrPl R Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a of portion of Parcel 1 and all of Parcel 2 of that certain Parcel Map filed for record in the Office of the Recorder of the County of Santa Clara, State of California on March 19, 1971 in Book 280 of Maps, at Page 20 and being described as follows: Beginning at the northwesterly corner of said Parcel 1, said corner also being a northwesterly corner of said Parcel 2; thence along the westerly line of said Parcel 2, North 00°00'00" East 12.00 feet to the most northwesterly corner of said Parcel 2; thence along the northerly line of said Parcel 2, North 90°00'00" East 154.24 feet to the easterly line of said Parcel 2; thence along said easterly line, South 00°00'00" East 100.00 feet to the southerly line of said Parcel 2; thence along the southerly line of Parcels 1 and 2, North 90°00'00" West 69.01 feet; thence leaving said southerly line, North 00°00'00" East 88.00 feet to a point on the northerly line of said Parcel 2; said northerly line also being a southerly line of said Parcel 2; thence along said line, North 90°00'00" West 85.23 feet to the Point of Beginning. I' °AND coo Said described parcel contains 7,924 square feet, more or less. 02/27/03 K V • WEI S� � Prepared by: r JMH Weiss, Inc. aa Ex�I Z -3/ -q , M,�, � 7 A FV,,: 1� MCCLELLAN RAOD 0o�6�gR UREDJ N 00`00'10" E 255.42' (MEASURED) (N 00'00'00" E 255.59) (R1) 0 65.46' 1 N 00*00'00" E 100.00' FT to 88.00' r _�7��2' 60' Qi I8" I EX. OVERHANG � z � i � �wl� �� o ZZZ _ o o-b Z-c-a � I rij V S 00700 00" E 88.00' o 1'- 40 tb g o n S 00'00'00" E 100.00' £NON`"'� Z� � � N� � � `. �• � �v �� ~ 3mN�a n v, u v � 4 V y m o� F s o N 00'00'00 " E 100. 00' 88. DO' — — f ,I y2. rn CO" a 8 EX. OVERHANG iA z 0 o Iv -1, o I� z z c�4 c z Rl O O O� (01 i S 00°00 00 E 88.00 k, F � \ g R� oo ONc 3 a A S I o F�� 2mi i c �o norq � � � •o iRz O e R � y �17 W �■NORTH AMERICAN A TITLE COMPANY Coldwell Banker Attn: Natasha Guy 221 Los Gatos -Saratoga Los Gatos CA 95030 Buyer(s): Mosako Otsuka and Koji Otsuka Property Address: 21976 McClellan Road Cupertino, CA DIRECT ALL INQUIRIES TO: Escrow Officer: Michelle Dollar Telephone No.: (408) 399-4100 Our No.: 56007-52171431-MKD Escrow No.: 56007-52171431 Update No. 1 Preliminary Report IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, North American Title Company, Inc. HEREBY REPORTS THAT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE, DESCRIBING THE LAND AND THE ESTATE OR INTEREST HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN, OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER, COPIES OF THE POLICY FORMS SHOULD BE READ, THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as of January 29, 2003 at 07:30 am Rajiv Bhardwaj/amd/mw Title Officer 497 N. Santa Cruz Avenue, Los Gatos, CA 95030 Phone No.: (408) 399-4100 Fax No.: (408) 354-3212 The form of policy of title insurance contemplated by this report is: 1998 - ALTA/CLTA Homeowner's Coverage 1992 - ALTA Loan Coverage The estate or interest in the land hereinafter described or referred to covered by this report is: A fee Title to said estate or interest at the date hereof is vested in: Ralphael Garcia Rodrigues, Valentina Sanchez Rodrigues and Le Roy James Rodrigues, as Trustees of the Rodrigues Family Trust dated July 7, 1982 Page 2 Ord ''o.: 56007-52171431-MKD Description: The land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino, and is described as follows: ALL OF PARCEL 2, AS SAID PARCEL IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "PARCEL MAP OF A DIVISION OF LOT 25, COLONY TRACT, "P" MAPS-21 ", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MARCH 19, 1971 IN BOOK 280 OF MAPS PAGE 20. EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS WITHOUT RIGHTS OF SURFACE ENTRY AS GRANTED IN THE DEED FROM RALPHAEL G. RODRIGUES ET UX TO THE CITY OF CUPERTINO, A MUNICIPAL CORPORATION RECORDED APRIL 8, 1971 IN BOOK 9287, PAGE 142, OFFICIAL RECORDS. APN: 356-08-030 Page 3 Orr lo.: 56007-52171431-MKD At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 2 3 4 General and Special Property Taxes, and any assessments collected with taxes, including utility assessments, are a lien not yet payable to be levied for the fiscal year 2003 - 2004. General and Special Property Taxes, and any assessments collected with taxes, including utility assessments, for the fiscal year 2002 - 2003. Total Amount: First Installment: Second Installment: Land: Improvements: Code Area: Parcel Number: $787.36 $393.68 Paid $393.68 Payable $14,530.00 $24,225.00 13-042 356-08-030 The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. The Terms and Provisions contained in an Agreement: Entitled: Agreement Executed By: City of Cupertino and Ralph Rodrigues Recorded: August 23, 1973 Instrument No.: 4591544 Book: 0532 Page: 186 Any invalidity or defect in the title of the vestees in the event such trust is invalid or fails to confer sufficient powers in the trustees, or in the event there is a lack of compliance with the terms and provisions of the trust instrument. This company will require a Certification of Trust (pursuant to California Probate Code Section 18100.5) from the current trustee(s) stating said trust is in full force and effect and there have been no changes except as set forth. 6. This report is incomplete. We will require a Statement of Information from the parties indicated below, five (5) days prior to closing, in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which if any do exist, may affect the title or impose liens or encumbrances thereon. Seller/Owner: Valentina Garcia Rodrigues The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties, but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. Page 4 Ord, 56007-52171431-MKD INFORMATIONAL NOTES: A. B. C. D. Our ALTA Loan Policy, when issued, will contain Endorsements Nos. 100 and 116/116.2. There is located on said land a single family dwelling known as 21976 McClellan Road, Cupertino, CA. There are no conveyances affecting said land recorded within twenty-four (24) months of the date of this report. This charge for a policy of title insurance, if issued through this title order, will be based on the basic insurance rate. Pursuant to Section 12413.1 of the insurance code funds deposited in escrow must be held for the following time periods before they can be disbursed: 1. Cash or wired funds --available for immediate disbursal after deposit in bank or confirmation of receipt in account. Bear in mind that Cash will be accepted from customers only under special circumstances as individually approved by management. 2. Cashier checks, certified checks, tellers checks --next day available funds. 3. All other checks must be held in accordance with regulation CC adopted by the Federal Reserve Board of Governors before they must be disbursed. 4. Drafts must be collected before they may be disbursed. North American Title Company will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. For Your Information, Our Wire Instructions Are: Wire To: Comerica Bank 75 E. Trimble San Jose, CA 95131 Routing No.: 121137522 Page 5 Credit The Account of: North American Title Company Bank Account No.: 1891528554 Escrow No.: 56007-52171431 Branch/County No.: 560-07 Attn: Michelle Dollar r r No.: 56007-52171431-MKD EXHIBIT �■NORTH AMERICAN DIRECT ALL INQUIRIES TO: ATITLE Escrow Officer: Michelle Dollar COMPANY Telephone No.: (408) 399-4100 Our No.: 56007-52170607-MKD Coldwell Banker Attn: Natasha Guy 221 Los Gatos -Saratoga Los Gatos CA 95030 Property Address: 21980 Mc Clellan Road Cupertino, CA Update No. 1 Preliminary Report IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, North American Title Company, Inc. HEREBY REPORTS THAT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE, DESCRIBING THE LAND AND THE ESTATE OR INTEREST HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN, OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER, COPIES OF THE POLICY FORMS SHOULD BE READ, THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Dated as of January 27, 2003 at 07:30 am Rajiv Bhardwaj/amd/pu Title Officer 497 N. Santa Cruz Avenue, Los Gatos, CA 95030 Phone No.: (408) 399-4100 Fax No.: (408) 354-3212 The form of policy of title insurance contemplated by this report is: 1990 - CLTA Owner's Standard Coverage The estate or interest in the land hereinafter described or referred to covered by this report is: A fee Title to said estate or interest at the date hereof is vested in: LeRoy James Rodrigues and Cynthia Lu Rodrigues, as Trustees of the Rodrigues Family Trust dated June 11, 1998, as to an undivided 50% interest and Alfred M. Pastor and Loretta M. Pastor, as Trustees of the Pastor Family Trust dated September 2, 1998, as to an undivided 50% interest Page 2 Order No.: 56007-52170607-MKD Description: The land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino, and is described as follows: ALL OF PARCEL 1, AS SAID PARCEL IS SHOWN UPON THAT CERTAIN MAP ENTITLED, PARCEL MAP OF A DIVISION OF LOT 25, COLONY TRACT,"P" MAPS-21", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MARCH 19, 1971, IN BOOK 280 OF MAPS, PAGE(S) 20. EXCEPTING THEREFROM THE UNDERGROUND WATER OR RIGHTS THERETO, WITH NO RIGHT OF SURFACE ENTRY, AS GRANTED IN THE DEED FROM RALPHAEL G. RODRIGUES, ET UX TO THE CITY OF CUPERTINO, A MUNICIPAL CORPORATION RECORDED APRIL 8, 1971, IN BOOK 9287 PAGE 142, OFFICIAL RECORDS. APN: 356-08-029 Page 3 Order No.: 56007-52170607-MKD At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: General and Special Property Taxes, and any assessments collected with taxes, including utility assessments, are a lien not yet payable to be levied for the fiscal year 2003 - 2004. 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. The Terms and Provisions contained in an Agreement: Entitled: Agreement Executed By: City of Cupertino and Ralph Rodrigues Recorded: August 23, 1973 Instrument No.: 4591544 Book: 0532 Page: 186 4. A Deed of Trust to secure an indebtedness in the amount shown below and any other obligations secured thereby. Amount: $342,000.00 Dated: August 17, 1999 Trustor: Loretta Pastor, a married woman as her sole and separate property and Le Roy James Rodrigues, a married man as his sole and separate property, all as tenants in common Trustee: Financial Title Company, a California corporation Beneficiary: Ralphael Garcia Rodrigues Trustee and Valentina Sanchez Rodrigues Trustee and Le Roy James Rodrigues Trustees of the Rodrigues Family Trust dated July 7, 1982 Recorded: August 25, 1999 Instrument No.: 14954573 Loan No: None Shown This report is incomplete. We will require a Statement of Information from the parties indicated below, five (5) days prior to closing, in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which if any do exist, may affect the title or impose liens or encumbrances thereon. Seller/Owner: LeRoy J. Rodrigues and Cynthia Rodrigues The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties, but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. Page 4 Order No.: 56007-52170607-MKD 6. Any invalidity or defect in the title of the vestees in the event such trust is invalid or fails to confer sufficient powers in the trustees, or in the event there is a lack of compliance with the terms and provisions of the trust instrument. This company will require a Certification of Trust (pursuant to California Probate Code Section 18100.5) from the current trustee(s) stating said trust is in full force and effect and there have been no changes except as set forth. Page 5 Order No.: 56007-52170607-MKD A B C D E INFORMATIONAL NOTES: There is located on said land a single family dwelling known as 21980 Mc Clellan Road, Cupertino, CA. There are no conveyances affecting said land recorded within twenty-four (24) months of the date of this report. This charge for a policy of title insurance, if issued through this title order, will be based on the short term rate. General and Special Property Taxes for the fiscal year shown below have been paid. Fiscal Year: 2002 - 2003 Total Amount: $1,032.20 First Installment: $516.10 Paid Second Installment: $516.10 Paid Land: $14,530.00 Improvements: $46,122.00 Code Area: 13-042 Parcel Number: 356-08-029 Pursuant to Section 12413.1 of the insurance code funds deposited in escrow must be held for the following time periods before they can be disbursed: 1. Cash or wired funds --available for immediate disbursal after deposit in bank or confirmation of receipt in account. Bear in mind that Cash will be accepted from customers only under special circumstances as individually approved by management. 2. Cashier checks, certified checks, tellers checks --next day available funds. 3. All other checks must be held in accordance with regulation CC adopted by the Federal Reserve Board of Governors before they must be disbursed. 4. Drafts must be collected before they may be disbursed. North American Title Company will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. For Your Information, Our Wire Instructions Are: Wire To: Credit The Account of: Comerica Bank North American Title Company 75 E. Trimble Bank Account No.: 1891528554 San Jose, CA 95131 Escrow No.: 56007-52170607-MKD Routing No.: 121137522 Branch/County No.: 560-07 Attn: Michelle Dollar Page 6 Order No.: 56007-52170607-MKD