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30380 Federal Register / Vol. 72, No.

104 / Thursday, May 31, 2007 / Notices

(Qualifying Individual), Ana Maria holding companies may be obtained the power to vote shares of a bank or
Lizarzaburu, Secretary. from the National Information Center bank holding company and all of the
Gold Coast Shipping, LLC, 2964 Main website at www.ffiec.gov/nic/. banks and nonbanking companies
Street, Hartford, CT 06120. Officer: Unless otherwise noted, comments owned by the bank holding company,
Micheal A. Wiafe, President regarding each of these applications including the companies listed below.
(Qualifying Individual). must be received at the Reserve Bank The applications listed below, as well
Integrated Freight Solutions, Inc., 851 indicated or the offices of the Board of as other related filings required by the
Hinckley Road, Burlingame, CA Governors not later than June 25, 2007. Board, are available for immediate
94010. Officers: Mark Taro Yamasaki, A. Federal Reserve Bank of inspection at the Federal Reserve Bank
Secretary (Qualifying Individual), Richmond (A. Linwood Gill, III, Vice indicated. The application also will be
Henry Lung, President. President) 701 East Byrd Street, available for inspection at the offices of
Richmond, Virginia 23261-4528: the Board of Governors. Interested
Ocean Freight Forwarder—Ocean 1. LSB Bancshares, Inc., Lexington, persons may express their views in
Transportation Intermediary North Carolina; to merge with FNB writing on the standards enumerated in
Applicants Financial Services Corporation, the BHC Act (12 U.S.C. 1842(c)). If the
Seastar International, LLC, 46 Country Greensboro, North Carolina, and thereby proposal also involves the acquisition of
Club Blvd., Scotch Plains, NJ 07076. indirectly acquire FNB Southeast, a nonbanking company, the review also
Officer: Ying Zhao, Owner (Qualifying Reidsville, North Carolina. includes whether the acquisition of the
Individual). B. Federal Reserve Bank of Kansas nonbanking company complies with the
First Class Exporters, 1147 Willing Ham City (Donna J. Ward, Assistant Vice standards in section 4 of the BHC Act
Drive, East Point, GA 30344. Officers: President) 925 Grand Avenue, Kansas (12 U.S.C. 1843). Unless otherwise
Frank Obeng, Partner (Qualifying City, Missouri 64198-0001: noted, nonbanking activities will be
Individual), Elizabeth Lowe, Partner. 1. FSB Bancshares, Inc.; to become a conducted throughout the United States.
bank holding company by acquiring 100 Additional information on all bank
Dated: May 25, 2007.
percent of the voting shares of First holding companies may be obtained
Bryant L. VanBrakle, Security Bank and Trust Company, both
Secretary.
from the National Information Center
in Oklahoma City, Oklahoma. Web site at www.ffiec.gov/nic/.
[FR Doc. E7–10498 Filed 5–30–07; 8:45 am] C. Federal Reserve Bank of Dallas Unless otherwise noted, comments
BILLING CODE 6730–01–P (W. Arthur Tribble, Vice President) 2200 regarding each of these applications
North Pearl Street, Dallas, Texas 75201- must be received at the Reserve Bank
2272: indicated or the offices of the Board of
FEDERAL RESERVE SYSTEM 1. Providence Bancshares
Governors not later than June 11, 2007.
Corporation; to become a bank holding
A. Federal Reserve Bank of Kansas
Formations of, Acquisitions by, and company by acquiring 100 percent of
City (Donna J. Ward, Assistant Vice
Mergers of Bank Holding Companies the voting shares of Providence Bank of
President) 925 Grand Avenue, Kansas
Texas, both of Southlake, Texas (in
The companies listed in this notice City, Missouri 64198-0001:
organization).
have applied to the Board for approval, 1. BOK Financial Corporation, Tulsa,
D. Federal Reserve Bank of San
pursuant to the Bank Holding Company Oklahoma; to acquire 100 percent of the
Francisco (Tracy Basinger, Director,
Act of 1956 (12 U.S.C. 1841 et seq.) voting shares of United Banks of
Regional and Community Bank Group)
(BHC Act), Regulation Y (12 CFR Part Colorado, Inc., and thereby indirectly
101 Market Street, San Francisco,
225), and all other applicable statutes acquire First United Bank National
California 94105-1579:
and regulations to become a bank 1. First Community Holdings; to Association, both of Englewood,
holding company and/or to acquire the become a bank holding company by Colorado.
assets or the ownership of, control of, or acquiring 100 percent of the voting Board of Governors of the Federal Reserve
the power to vote shares of a bank or shares of First Community Bank, both of System, May 25, 2007.
bank holding company and all of the Santa Rosa, California. Jennifer J. Johnson,
banks and nonbanking companies Secretary of the Board.
Board of Governors of the Federal Reserve
owned by the bank holding company, System, May 25, 2007. [FR Doc. E7–10437 Filed 5–30–07; 8:45 am]
including the companies listed below.
Jennifer J. Johnson, BILLING CODE 6210–01–S
The applications listed below, as well
as other related filings required by the Secretary of the Board.
Board, are available for immediate [FR Doc. E7–10423 Filed 5–30–07; 8:45 am]
FEDERAL RESERVE SYSTEM
inspection at the Federal Reserve Bank BILLING CODE 6210–01–S
indicated. The application also will be [Docket No. OP–1288]
available for inspection at the offices of
FEDERAL RESERVE SYSTEM Home Equity Lending Market; Notice of
the Board of Governors. Interested
Hearings
persons may express their views in
Formations of, Acquisitions by, and
writing on the standards enumerated in AGENCY: Board of Governors of the
Mergers of Bank Holding Companies
the BHC Act (12 U.S.C. 1842(c)). If the Federal Reserve System.
proposal also involves the acquisition of The companies listed in this notice ACTION: Public hearing; request for
a nonbanking company, the review also have applied to the Board for approval, comment.
includes whether the acquisition of the pursuant to the Bank Holding Company
nonbanking company complies with the Act of 1956 (12 U.S.C. 1841 et seq.) SUMMARY: Section 158 of the Home
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standards in section 4 of the BHC Act (BHC Act), Regulation Y (12 CFR Part Ownership and Equity Protection Act of
(12 U.S.C. 1843). Unless otherwise 225), and all other applicable statutes 1994 (HOEPA) 1 directs the Board to
noted, nonbanking activities will be and regulations to become a bank hold public hearings periodically on the
conducted throughout the United States. holding company and/or to acquire the
Additional information on all bank assets or the ownership of, control of, or 1 Pub. L. 103–325, 108 Stat. 2160.

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Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Notices 30381

home equity lending market and the For users of Telecommunications brokers, credit ratings agencies, realtors,
adequacy of existing regulatory and Device for the Deaf (TDD) only, contact consumer advocates, community
legislative provisions (including (202) 263–4869. development groups, housing
HOEPA) in protecting the interests of SUPPLEMENTARY INFORMATION: counselors, academicians, researchers,
consumers. Consequently, as previously and state and Federal Government
announced, the Board will hold a I. Background officials.
hearing on the home equity lending 1. HOEPA Consumer advocates and some state
market and invites the public to attend officials stated that HOEPA (and state
In 1994, the Congress enacted the predatory lending laws) are generally
and to comment on the issues that will
Home Ownership and Equity Protection effective in preventing loans with
be the focus of the hearing. Additional
Act (HOEPA) as an amendment to the abusive terms from being made for loans
information about the hearing will be
Truth in Lending Act (TILA), in subject to the HOEPA price triggers.
posted to the Board’s Web site at
response to testimony about predatory Some advocated that Congress should
http://www.federalreserve.gov.
home equity lending practices in lower HOEPA’s coverage triggers so that
DATES: The date of the hearing is June underserved markets, where some
14, 2007. more loans are subject to HOEPA.
lenders were making high-rate, high-fee Consumer advocates and state officials
Comments. Comments from persons home equity loans to cash-poor
unable to attend the hearing or urged regulators and Congress to take
homeowners. HOEPA identifies a class action to curb abusive practices for
otherwise wishing to submit written of high-cost mortgage loans based on the
views on the issues raised in this notice loans that do not meet HOEPA’s price
loans’ rates and fees. Loans above triggers.
must be received by August 15, 2007. HOEPA’s price triggers require Consumer advocates urged the Board
ADDRESSES: The location of the hearing additional disclosures and are subject to to prohibit or restrict certain loan
is: substantive restrictions on loan terms. features or terms, such as prepayment
The Federal Reserve Board, 20th and HOEPA is implemented by the Board’s penalties, and underwriting practices
C Streets, NW., Washington, DC 20551, Regulation Z (12 CFR 226.32 and 34). such as ‘‘stated income’’ or ‘‘low
in the Martin Building, Terrace Level, Section 158 of HOEPA also directs the documentation’’ (‘‘low doc’’) loans
Dining Room E. Board to hold public hearings where the borrower’s income is not
You may submit comments, identified periodically on the home equity lending documented or verified. They also
by Docket No. OP–1288, by any of the market and the adequacy of existing expressed concern about aggressive
following methods: regulatory and legislative provisions for marketing practices that include
• Agency Web Site: http:// protecting the interests of consumers, steering borrowers to higher-cost loans
www.federalreserve.gov. Follow the particularly low-income consumers. by emphasizing initial low monthly
instructions for submitting comments at Hearings were held in 1997, 2000, and payments based on an introductory rate
http://www.federalreserve.gov/ 2006. Following the 2000 hearings and without adequately explaining that the
generalinfo/foia/ProposedRegs.cfm. the receipt of public comment, the consumer will have considerably higher
• Federal eRulemaking Portal: http:// Board amended the provisions of monthly payments after the
www.regulations.gov. Follow the Regulation Z that implement HOEPA. introductory rate expires. Finally, some
instructions for submitting comments. These revisions included extending consumer advocates stated that brokers
• E-mail: HOEPA’s coverage to more loans, and lenders should be held to a
regs.comments@federalreserve.gov. enhancing disclosures for HOEPA loans, fiduciary standard such as a duty of
Include the docket number in the and expanding its substantive good faith and fair dealing or a
subject line of the message. restrictions. The revisions took effect in requirement that they make only loans
• Fax: (202) 452–3819 or (202) 452– October 2002. that are suitable for a particular
3102. In addition to the Board’s general borrower.
• Mail: Address to Jennifer J. Johnson, grant of rulewriting authority under Industry panelists and commenters,
Secretary, Board of Governors of the HOEPA, Section 129(l)(2) of HOEPA on the other hand, expressed concern
Federal Reserve System, 20th Street and also confers regulatory authority on the that HOEPA may reduce the availability
Constitution Avenue, NW., Washington, Board to prohibit acts or practices: of credit for some subprime borrowers.
DC 20551. • In connection with mortgage They stated that state predatory lending
All public comments will be made loans—if the Board finds the practice to laws may also reduce credit availability.
available on the Board’s Web site at be unfair, deceptive, or designed to Most industry commenters opposed
http://www.federalreserve.gov/ evade HOEPA; and prohibitions on stated income loans,
generalinfo/foia/ProposedRegs.cfm as • In connection with refinancings of prepayment penalties, and other loan
submitted, unless modified for technical mortgage loans—if the Board finds that terms, asserting that these features could
reasons. Accordingly, comments will the practice is associated with abusive benefit some borrowers. They urged the
not be edited to remove any identifying lending practices or otherwise not in the Board and other regulators to focus
or contact information. Public interest of the borrower. instead on enforcing existing laws to
comments may also be viewed remove ‘‘bad actors’’ from the market.
electronically or in paper in Room MP– 2. The Board’s 2006 Hearings Some lenders indicated, however, that
500 of the Board’s Martin Building (20th The Board’s most recent hearings carefully constructed reasonable
and C Streets, NW.) between 9 a.m. and under HOEPA covered three broad restrictions on certain loan features or
5 p.m. on weekdays. topics: (1) The impact of the 2002 practices might be appropriate if the
FOR FURTHER INFORMATION CONTACT: HOEPA rule changes and state and local conditions were clear and would not
Kathleen C. Ryan, Counsel, or Paul predatory lending laws on predatory unduly reduce credit availability.
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Mondor, Attorney, Division of lending practices; (2) nontraditional Fiduciary responsibilities would, in
Consumer and Community Affairs, mortgage products and reverse industry’s view, create conflicts for
Board of Governors of the Federal mortgages; and (3) informed consumer lenders, who are responsible to their
Reserve System, Washington, DC 20551, choice in the subprime market. Hearing shareholders. Industry commenters also
at (202) 452–2412 or (202) 452–3667. panelists included mortgage lenders and stated that subjective suitability

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30382 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Notices

standards would create uncertainties for or practice should be prohibited or also concerned that lenders quote
brokers and lenders and subject them to restricted for all mortgage loans, only for monthly payments to subprime
litigation risk. loans offered to subprime borrowers, or borrowers that do not include taxes and
other subsets of loans such as loans to insurance, and these borrowers do not
II. Information About the Board’s 2007
first-time homebuyers, home purchase realize that they will have to budget
Hearing
loans, or refinancings and home equity separately for these obligations.
The June 14th hearing is open to the loans; only certain products, such as The Board requests comment on the
public to attend. Seating will be limited, adjustable rate mortgages or following questions related to escrows
however. All visitors must register at nontraditional mortgages.2 Comment is for taxes and insurance:
least 24 hours in advance for security also requested on the effectiveness of • Should escrows for taxes and
purposes and may access the Board’s state laws that have prohibited or insurance be required for subprime
online registration service at https:// restricted the practices listed below (and mortgage loans? If escrows were to be
www.federalreserve.gov/secure/forms/ others) and whether the Board should required, should consumers be
hoeparegistration.cfm. Further consider adopting similar regulations to permitted to ‘‘opt out’’ of escrows?
information about the hearing, as it curb abuses without restricting access to • Should lenders be required to
becomes available, will be posted on the responsible mortgage lending. disclose the absence of escrows to
Board’s Web site at http:// A. Prepayment penalties. Consumer consumers and if so, at what point
www.federalreserve.gov. The hearing advocates state that prepayment during a transaction? Should lenders be
will begin at 8:30 a.m. and conclude at penalties deter a consumer from required to disclose an estimate of the
4 p.m. (EST). refinancing the loan on more favorable consumer’s tax and insurance
The Board will invite persons to terms and that consumers do not receive obligations?
participate in panel discussions on the any benefit in return. Consumer • How would escrow requirements
topics discussed below. In addition to advocates are also concerned about affect consumers and the type and terms
the panel discussions, the Board intends prepayment penalties that extend
to reserve about one hour after the of credit offered?
beyond the expiration of an C. ‘‘Stated income’’ or ‘‘low doc’’
conclusion of the panels, at 3 p.m., to introductory or teaser rate on an ARM,
permit interested parties other than loans. In some cases a lender will make
which deter consumers from refinancing a mortgage loan without documenting or
those on the panels to make brief to avoid payment shock when the rate
statements. To allow as many persons as verifying a borrower’s income; lenders
resets. Consequently, some consumer may charge higher rates for such loans.
possible to offer their views during this advocates recommend that penalties be
period, oral statements will be limited Lenders state that these loans are
banned or restricted for such loans. appropriate for many borrowers,
to three minutes or less; written According to industry representatives,
statements of any length may be including those who are self-employed
however, prepayment penalties ensure a and cannot easily document their
submitted for the record. Interested minimum return on the transaction if
parties who wish to participate during income or who choose not to. Consumer
loans are paid off early. Industry advocates state that many borrowers
this ‘‘open-mike’’ period may contact representatives also state that
the Board in advance of the hearing date who could document their income are
consumers receive, in return, a benefit not aware that they are getting a stated
at the telephone numbers provided in in the form of lower up-front costs or
this notice, to facilitate planning for this income loan with a higher rate. They
lower interest rates. state that some brokers and lenders use
portion of the hearings. The Board requests comment on the
‘‘stated income’’ or ‘‘low doc’’ loans to
III. 2007 Hearing Discussion and following questions related to
perpetrate fraud (e.g., the consumer’s
Request for Comment prepayment penalties:
• Should prepayment penalties be income is falsified or ‘‘marked up’’ by
This hearing will examine how the restricted? For example, should a broker or loan officer and is not
Board might use its rulemaking prepayment penalties that extend verified by the lender). Concerns have
authority under section 129(l)(2) of beyond the first adjustment period on also been raised about the use of stated
HOEPA to address concerns about an ARM be prohibited? income loans with other ‘‘risk layering
abusive lending practices in the • Would enhanced disclosure of features’’ such as second-lien loans for
mortgage market, including the prepayment penalties help address all or part of the consumer’s
subprime mortgage market. The purpose concerns about abuses? downpayment.
of the hearing is to enable the Board to • How would a prohibition or The Board requests comment on the
gather information to evaluate whether restriction on prepayment penalties following questions related to stated
it can address issues about predatory affect consumers and the type and terms income and low doc loans:
lending in a way that preserves of credit offered? • Should stated income or low doc
incentives for responsible lenders to B. Escrow for taxes and insurance on loans be prohibited for certain loans,
provide credit to borrowers, particularly subprime loans. Loans to prime such as loans to subprime borrowers?
subprime borrowers. borrowers typically include an escrow • Should stated income or low doc
The Board solicits comment on for taxes and insurance, while loans to loans be prohibited for higher-risk
whether it should use its rulemaking subprime borrowers typically do not loans, for example, for loans with high
authority to address concerns about the include escrows. Consumer advocates loan-to-value ratios?
loan terms or practices listed below, and are concerned that subprime borrowers • How would a restriction on stated
any others that commenters identify. are not aware of, and may not be able income or low doc loans affect
Commenters are requested to discuss to budget for, these expenses. They are consumers and the type and terms of
whether these terms or practices are credit offered?
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associated with unfairness or deception, 2 Nontraditional mortgage products are mortgage • Should lenders be required to
evasion of HOEPA, abusive lending, or loans that allow borrowers to defer repayment of disclose to the consumer that a stated
principal and, sometimes, interest. They include
are not otherwise in the interest of interest-only loans and ‘‘payment option’’ ARMs
income loan is being offered and allow
borrowers. In addition, commenters are where a borrower has flexible payment options with the consumer the option to document
requested to address whether the term the potential for negative amortization. income?

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Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Notices 30383

D. Unaffordable loans. Consumer • Are there specific consumer reappointments to fill the vacancies
advocates state that some lenders extend disclosures that would help address occurring this year.
loans without adequately considering concerns about unaffordable loans? DATES: Appointments are effective May
the borrower’s ability to repay the loan. • How would such provisions affect 1, 2007 through April 30, 2010, except
For example, lenders may qualify consumers and the type and terms of as noted.
borrowers based on an ARM’s credit offered? ADDRESSES: GAO: 441 G Street, NW.,
introductory rate and not at the fully- By order of the Board of Governors of the Washington, DC 20548. MedPAC: 601
indexed rate that will apply once the Federal Reserve System, May 24, 2007. New Jersey Avenue, NW., Suite 9000,
introductory rate expires. Lenders state Jennifer J. Johnson, Washington, DC 20001.
that it is appropriate to make such loans Secretary of the Board. FOR FURTHER INFORMATION CONTACT:
in certain circumstances, for example,
[FR Doc. E7–10395 Filed 5–30–07; 8:45 am] GAO Office of Public Affairs, (202) 512–
where the borrower is likely to be able
to refinance the loan at a lower rate BILLING CODE 6210–01–P 4800. MedPAC: Mark E. Miller, PhD,
before the reset date. Other (202) 220–3700.
circumstances include those in which SUPPLEMENTARY INFORMATION: To fill this
borrowers expect to sell their home FEDERAL RETIREMENT THRIFT year’s vacancies I am announcing the
within a few years, or expect a INVESTMENT BOARD following:
significant decrease in their monthly Newly appointed members are
obligations or a significant increase in Employee Thrift Advisory Council Thomas M. Dean, M.D., Chief of Staff,
income, such as a borrower who is Avera Weskota Memorial Medical
Sunshine Act Meeting Center; Jack C. Ebeler, Independent
completing professional training.
Because loans are frequently sold to TIME AND DATE: 1:30 p.m. (Eastern Time), consultant; and Bruce Stuart, PhD,
purchasers who generally cannot be June 12, 2007. professor and executive director, Peter
held liable for the loan originator’s Lamy Center on Drug Therapy and
PLACE: 4th Floor, Conference Room, Aging, University of Maryland
actions, and because the risk of default 1250 H Street, NW., Washington, DC.
is spread out among investors in loan Baltimore. Professor Stuart is appointed
pools, some consumer advocates believe STATUS: Open. to complete the remaining two years of
that there is insufficient accountability MATTERS TO BE CONSIDERED: Douglas Holtz-Eakin’s three-year term
for making loans that consumers cannot 1. Approval of the minutes of the that began in 2006. Holtz-Eakin resigned
repay. February 7, 2007 meeting. from his position on MedPAC effective
Recently the Board and the other 2. Nomination of Council Chairman May 2, 2007.
banking and thrift regulators issued and election of Vice Chairman. Reappointed members are John M.
guidance on underwriting 3. Report of the Executive Director on Bertko, F.S.A., M.A.A.A., vice president
nontraditional mortgage products. The Thrift Savings Plan Status. and chief actuary, Humana Inc.; Francis
guidance provides that: 4. Discussion of three potential FRTIB J. Crosson, M.D., executive director, the
legislative proposals (automatic Permanente Federation, LLC; Arnold
An institution’s analysis of a borrower’s
enrollment, L Fund default investments, Milstein, M.D., M.P.H., medical
repayment capacity should include an
evaluation of their ability to repay the debt Roth feature). director, Pacific Business Group on
by final maturity at the fully indexed rate, 5. Other proposals. Health; and William J. Scanlon, PhD,
assuming a fully amortizing repayment 6. New business. health policy consultant.
schedule. In addition, for products that CONTACT PERSON FOR MORE INFORMATION: (Sec. 4022, Pub. L. 105–33, 111 Stat. 251,
permit negative amortization, the repayment Thomas K. Emswiler, Committee 350)
analysis should be based upon the initial Management Officer, (202) 942–1660.
loan amount plus any balance increase that David M. Walker,
may accrue from the negative amortization Dated: May 25, 2007. Comptroller General of the United States.
provision. Thomas K. Emswiler, [FR Doc. 07–2680 Filed 5–30–07; 8:45 am]
71 FR 58609, 58614 (Oct. 4, 2006) General Counsel, Federal Retirement Thrift BILLING CODE 1610–02–M
Investment Board.
(footnotes omitted).
[FR Doc. 07–2703 Filed 5–29–07; 9:44 am]
Some have urged that lenders should
BILLING CODE 6760–01–P
be required to underwrite all mortgage DEPARTMENT OF HEALTH AND
loans based on a fully-indexed rate and HUMAN SERVICES
a fully amortizing payment. Some have
also advocated a rebuttable presumption GOVERNMENT ACCOUNTABILITY Agency for Healthcare Research and
that a borrower cannot afford to repay OFFICE Quality
a loan if the borrower’s debt-to-income
ratio exceeds 50 percent and that such Appointments to the Medicare Notice of Meeting
loans should be prohibited by Payment Advisory Commission
In accordance with section 10(d) of
regulation. AGENCY: Government Accountability the Federal Advisory Committee Act (5
The Board requests comment on the Office (GAO). U.S.C., Appendix 2), announcement is
following questions: ACTION: Notice of appointments. made of a Health Care Policy and
• Should lenders be required to Research Special Emphasis Panel (SEP)
underwrite all loans based on the fully- SUMMARY: The Balanced Budget Act of meeting.
indexed rate and fully amortizing 1997 established the Medicare Payment A Special Emphasis Panel is a group
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payments? Advisory Commission (MedPAC) and of experts in fields related to health care
• Should there be a rebuttable gave the Comptroller General research who are invited by the Agency
presumption that a loan is unaffordable responsibility for appointing its for Healthcare Research and Quality
if the borrower’s debt-to-income ratio members. This notice announces three (AHRQ), and agreed to be available, to
exceeds 50 percent (at loan origination)? new appointments and four conduct on an as needed basis,

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