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Supreme Court of New York, Third Department
July 11, 2013
RALPH H. DRAKE JR., Appellant,v.RICHARD FRIEDENTHAL, Respondent.
Calendar Date: May 29, 2013
Waite & Associates, PC, Albany (Stephen J. Waite of counsel), for appellant.
Ganz, Wolkenbreit & Siegfeld, LLP, Albany (Robert E. Ganz of counsel), for respondent.
Before: Lahtinen, J.P., Spain, McCarthy and Egan Jr., JJ.
McCarthy, J.
Appeal from an order of the Supreme Court (Teresi, J.), entered August 15, 2012 in Albany County, which, among other things, granted defendant's motion for summary judgment dismissing the complaint.
The parties signed a contract for plaintiff to purchase certain real property owned by defendant. Plaintiff delivered a $25, 000 check as the down payment, but the check was not certified — as required by the contract — and plaintiff directed defendant's broker to hold the check rather than deposit it in an escrow account. Although the parties continued to proceed toward closing, defendant eventually informed plaintiff that the contract was void for lack of consideration.
Plaintiff commenced this action seeking specific performance of the contract. Defendant moved for summary judgment dismissing the complaint and plaintiff cross-moved for summary judgment in his favor. Supreme Court denied plaintiff's cross motion and granted defendant's motion, dismissed the complaint and canceled the notice of pendency. Plaintiff appealed. Defendant later sold the property to a third party.
This appeal is moot. After the notice of pendency was canceled, plaintiff did not seek injunctive relief to protect his interests while the appeal was pending (see Matter of Paden v Planning Bd. of Town of Mamakating, 270 A.D.2d 626, 626 [2000]). Because defendant has sold the property and cannot now transfer title to plaintiff, specific performance of the contract is no longer possible (see Gabriel v Prime, 30 A.D.3d 955, 956 [2006]; Asher v Gigante, 21 A.D.3d 916, 917 [2005]; see also Da Silva v Musso, 76 N.Y.2d 436, 440-441 [1990]). As the exception to the mootness doctrine is inapplicable, and plaintiff's request for permission to amend the complaint to seek monetary damages — raised for the first time in his reply brief — is untimely, we dismiss the appeal as moot.
Lahtinen, J.P., Spain and Egan Jr., JJ., concur.
ORDERED that the appeal is dismissed, as moot, with costs.
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We tend to make a big deal out of "milestone birthdays" meaning birthdays that begin a new decade. There are other birthdays which mark life changes. Our thirty-fifth birthday is just such an occasion. We feel young, we have a fairly firm grip on our career at this point, our family is established or nearly completed, and we know who we are and what we want. So, if we have a friend or relative that is marking their 35th year on this planet, it should be a time of great celebration.
Milestone Birthdays: 30, 40… Wait! How About 35?
- Send a special electronic or written message that lets them know you understand what this birthday means to them. Or, if they experiencing any negative feelings about it, the examples below will make them realize what an awesome time of life they are about to enjoy.
- As you turn 35, I wanted to tell you that you're as good looking as you were in your twenties — except a lot smarter!
- Thirty-five, schmirty-five! Let's go out and pretend you just turned twenty. I'll lie if you will.
- Happy Birthday, 35 year old! Let's start a movement making this the milestone birthday signifying hotness.
- I'm sure you'll embrace the start of your thirty-fifth year as you've always done — with positivity and joy. Happy Birthday!
- As you're turning thirty-five, let's go out and light it up so they know we're alive!
- Thirty-five's not young, but it certainly isn't old. In your case, I'd say it's just right. Happy Birthday.
- Happy Tenth-Anniversary-Of-Your-25th Birthday!! Rock on, my young friend.
- At 35, let's just forget the numbers and enjoy the awesomeness we have become! Happy, whatever Birthday!
- I don't know about you, but I think 35 is the perfect age. Smarter, wiser, more grounded, still full of energy — enjoy!
- You continue to improve so, as I wish you a Happy 35th Birthday, here's to many more "upgrades!"
- On your 35th birthday, I'd like to take this opportunity to tell you what a genuine blessing you've been in my life.
- Cool Birthday Messages
- You were such a fun and loving little child, and you're just a wiser version as you turn 35. Happy Birthday, sweet thing!
- Fun-loving, energetic, grounded, spiritual, hard-working, joyful — yep, that's you at 35. Happy Birthday!
- Famous Birthday Quotes
- Just incase no one makes a big deal of your birthday because it's the 35th, I wanted to say…WOOOOHOOOO!!!!
- Yo, home-slice! Dude, you OWN 35 wid your bad self. Buzz my digits sometime. (I have no idea what this means, but you probably do). Happy Birthday!
- You are setting a bad example for all 35 year olds, with your great body, attitude, and endless energy. Cut it out!
- Let's re-name your birthday. It should be 18, then 21, then 25 and now – HIGH FIVE!!
- Happy 35th birthday, so today you're master of your domain, king of the jungle.(just don't forget to take out the trash).
- You've been a blessing to everyone around you for 35 years — You deserve this day to pamper the magnificence you've become!
- It's difficult wrapping my brain around your 35th birthday, because you're still the fun, sweet friend you've always been.
- Birthday Quotes
- Twenty-five, thirty-five.. who cares?! When 35 looks like you, who wouldn't want to reach that age? Enjoy!
- Top 50 Friend's Birthday Wishes
- From little kids with skinned knees to your 35th birthday today, I have loved every day as your friend.
- Just as God has blessed me with you, may God bless you on your 35th birthday.
- I can't wait to have my 35th birthday. If it means I will be just like you, it couldn't come fast enough! Have a great day.
- Happy 35th Birthday! Did you know that it's also National Pamper Yourself Day? Just sayin'.
- Happy Birthday, friend. Have you spent the previous 35 years being so awesome, or is this a recent development?
- You can't be 35. Must be some space-time-warp-black-hole thing. Difficult to explain — very scientific.
- You're such a birthday show-off. You're making other 35 year-olds look bad. Ugly down or age up a little, would ya?!
- You look better and grow more character every trip you make around the sun. Happy 35th Birthday.
- C'mon, you can tell me. I'm your friend — spill it! Where've you hidden that Fountain of Youth? Seriously, Happy 35th.
- If living a life of love, charity, humility and kindness collects on our faces, you are kindest, most attractive 35 year old ever.
- If 50 is the new 40, then 35 must be the new 18, judging by you. Happy 35th Birthday!
- Hey, Birthday Girl — Let's go out tonight and show those little whipper-snappers what bad-ass 35 year olds look like!
- Happy 35th Birthday. Your kids need to thank their lucky genetic stars!
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subset: commoncrawl


text:
German translation of demoralize
transitive verb
- troops etc
- troops etc
Example Sentences Including 'demoralize'
It would not so demoralize us as to make us surrender or so cripple us as to convince us we could not win.The Complete Stories Volume 2
Still they could not demoralize the Nuristanis, and the fight continued.Kara Kush
Trends of 'demoralize'
View usage over:
'demoralize' in Other Languages
- Brazilian Portuguese: desmoralizar
- Chinese: 使泄气
- European Spanish: desmoralizar
- French: démoraliser
- German: entmutigen
- Italian: demoralizzare
- Japanese: やる気を喪失させる
- Korean: 사기를 저하시키다
- Portuguese: desmoralizar
- Spanish: desmoralizar
Translation of demoralize from the Collins English to German Dictionary
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text:
An innovative, multi-function bird feeder, incorporating an inner feeder with an outer lattice frame, designed to keep out squirrels and other garden predators. The feeder is made from solid, plastic-coated steel that is also rust-proof for withstanding the seasons and guaranteeing longevity.
All prices include VAT where applicable. *The freephone number is free from most UK landlines only, mobiles are usually charged so we'd recommend calling our landline from your mobile or internationally.
There are currently no questions for The Nuttery Squirrel Proof Globe Bird - be the first to ask one!Ask A Question
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We won't use any details you enter for any other purpose than letting you know when this is back in stock.
Please enter details for each method you'd like us to notify you by:
VioPoints are a way for us to say thank you for purchasing from VioVet.
You will receive VioPoints by purchasing this product, which can be redeemed for a discount on future purchases. For each 1000 points redeemed at the checkout, you will receive a 20p discount.
The number of VioPoints is shown on the product listing and they are awarded on dispatch of the order.
Terms and conditions apply.


text:
Country Day HDRI
Posted by Blazer April 2, 2013
Posted in DAZ | Poser | Carrara, FX, Lighting & Scripts, Tools, Vue | Bryce | Hexagon
Contains five different HDRI Country Day images (360X360 degrees) in five different resolutions for use as a background, reflection maps or lighting a scene.
NOTE: Pending an update, this product does not work with DAZ Studio 3, although the maps may still be manually loaded.
|Link to post:
|UberEnvironment Light Shader


text:
Motel 6 - Las Vegas - Boulder Hwy
4125 Boulder Hwy I-515/US 95/93 at Boulder Hwy, Exit #70, Las Vegas, United States Show Map
Check in from 2:00 PM / Check out prior to 11:00 AM
Motel 6 - Las Vegas - Boulder Hwy: Find photos, reviews, information, amenities and compare prices for 1 stars hotels in Las Vegas, United States.
Motel 6 - Las Vegas - Boulder Hwy provides a modern setting when in Las Vegas. Only a short stroll from Boulder Station, it offers modern rooms equipped with heating, a private bathroom and a telephone.
Hotel description
There are a variety of facilities available to guests of the motel, including laundry facilities, a 24-hour reception and a designated smoking area.
Motel 6 - Las Vegas - Boulder Hwy provides bright rooms equipped with cable/satellite channels.
Those staying at the motel can enjoy a unique dining experience at the in-house restaurant, ideally situated for those who want to stay close by at mealtime.
McCarran International Airport and Caesars Palace are a short car trip from Motel 6 - Las Vegas - Boulder Hwy. Luxor Las Vegas Casino, Wynn Las Vegas and The Colosseum at Caesars Palace are within an easy drive from the motel.
Hotel features
Restaurant, Air Conditioned, Cable / Satellite TV, TV, En suite, Private Bathroom, Vending Machines
24 Hour Reception, Photocopier, Designated Smoking Area, Self Laundry
Private Toilet
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Booking Site
Room Type
Per room
Per night
Per night
Users who viewed Motel 6 - Las Vegas - Boulder Hwy also viewed these 1 stars Las Vegas hotels:
Desert Hills Motel
2121 Fremont Street, Las Vegas
2121 Fremont Street, Las Vegas
Hostel Cat Las Vegas
1236 S. Las Vegas Blvd, Las Vegas
1236 S. Las Vegas Blvd, Las Vegas
Las Vegas Hostel
1322 Fremont Street, Las Vegas
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Search hotels
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327 reviews
Nearest hotels
- Boulder Station Hotel and Casino
0.1 miles
- Crossland Economy Studios - Las Vegas - Boulder Highway
0.2 miles
- Las Vegas RV Resort
0.3 miles


text:
A Doctor of Philosophy degree, short Ph.D is an advanced academic degree earned in various fields, signifying major interests and accomplishments in research.
The need to achieve quality leadership skills as well as managerial capacities in organizations and the society at large as seen the launch of a doctoral degree in leadership. It is offered in various leading universities worldwide. The course is an eye-opener to vast career opportunities. It is an affordable and reliable training young managers and leaders.
Distance education or distance learning is a way of delivering education and instruction, often on an individual basis, to students who are not physically present on campus.
Education in the United States is mainly provided by the public sector, with control and funding coming from three levels: state, local, and federal, in that order. The common requirements to study at a higher education level in United States will include your admissions essay (also known as the statement of purpose or personal statement), transcript of records, recommendation/reference letters, language tests
Request Information Distance learning Doctorate Degrees in Leadership in Clearfield in USA 2017
This program is designed to develop the leadership abilities of administrators in educational institutions and agencies that support significant educational programs. [+]


text:
Swanson Vitamin C W/Rose Hips 1,000 mg Reviews
- Other Misc. Vitamins:
- Average: 4.4
- High: 5.0
- Brand:
- Swanson Health Products
Read 3 Reviews
REVIEW SNAPSHOT®by PowerReviews
Reviewed by 3 customers
- Easy To Swallow
- Tastes Bad
Best Uses
- Daily Use
Comments about Swanson Health Products Swanson Vitamin C W/Rose Hips 1,000 mg:
this health care product is really good fro health, when i got this was not sure about this product but now i would like say this health care product is awesome...
- Affiliation:
- I am an employee or otherwise affiliated with the brand
Comments about Swanson Health Products Swanson Vitamin C W/Rose Hips 1,000 mg:
I use vitamin C daily and especially like that this Swansons product includes rose hips. It comes in convenient capsule form and in the 1000 mg size. It is easy to take and gives fast results; I see much better results than I get with tablet forms. All of this and at a value price, too.
Comments about Swanson Health Products Swanson Vitamin C W/Rose Hips 1,000 mg:
Swanson Vitamin C with Rosehips (1,000 mg) is an excellent product at an excellent price. They are an excellent daily immune support and at Swanson's prices, they are affordable enough to allow daily usage in significant amounts. Rose Hips have been studied and shown to have numerous health benefits, particularly for cardiovascular health. Other researchers have documented the profound effect of Vitamin C in cardiovascular disease, so it would seem that Swanson's Vitamin C with Rose Hips would ensure a double dose of nutrition in both those regards, offering both the benefits of Vitamin C, as well as the benefits afforded by Rose Hips. Swanson ships its products promptly and its customer service has always been excellent. They consistently offer good value and run monthly specials. In today's economy, Swanson is an excellent, affordable choice. I have always found that they put their customers first!


text:
30% Off All Wilton Cake Stuff At Hobby Lobby This Week
Decorating By crazyladybaker Updated 6 Sep 2011 , 3:52pm by 2xMiMi
I don't use a whole lot of Wilton things but I could use some more disposable piping bags and thought I would pass this on to others. Hobby Lobby has 30% off all Wilton Cake stuff this week. I usually have the 40% to 50% off one item but this will help too. It expires 9-10-11.
This is good but the Hobby Lobbys in my area are not carrying as much Wilton as they use to but have started with another brand.
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text: 1000000000 Peyton Manning by Christiaan Bekker Best Sellers Trending Art Best Selling Paintings Best Selling Abstract Art Prints Best Selling Photography Best Selling Posters Popular Subjects Animals Architecture Childrens Art Floral & Still Life Landscape Maps Military & War Music Science Fiction & Fantasy Skylines Spiritual Transportation Featured Artists Brickhut Cozamia Eric Joyner Erin Ashley James Niehues Jennifer Lommers Jonas Gerard Marcia Baldwin Mark Lawrence Michael Creese Michael Tompsett Collections ArtLoversOnline Design Pics The Fine Art Masters Panoramic Images Retro Images Archive StockTrek Images WorldWide Archive Create Your Own Photo Canvas Custom Frame Photos Peyton Manning by Christiaan Bekker (2005) Sign inCustomer Service Cart Houzz Share on Tumblr Tweet +Add to Cart Available Sizes inches / cm Petite $57.50 Small $69.00 Medium $86.25 Large $115.00 » component prices Print Frame Mats Glazing Fitting Customize Framing or choose Canvas Print Customize Canvas or choose Framed Art Print Click to save as artist's preferred kit Paper Enhanced MattePremium Photo GlossyPremium Photo LusterUltraSmooth Fine ArtHahnemuhle Photo Rag 308Hahnemuhle Fine Art PearlHahnemuhle Torchon Mounted? ★★★☆☆ Details Paper print only, too large to frame online. Frames Choose a color » ø Top Mat | Middle Mat | Bottom Mat ø Glazing Style Soft EdgeWhite EdgeBlack EdgeImage WrapUnstretched 1½ inches thick (3.75 cm) Product Details Artist grade canvas, archival inks, wooden stretcher bars, and UVB protective coating Availablity Usually ships within five business days. Artist Christiaan BekkerCollection sportsartDescription NFL Colts quarterback, Peyton Manning Popular Configurations Stretched Canvas Modern Lines Contemporary White Classical Baroque Unframed print Explore More from the same collection View All Christiaan Bekker's Recent Work About the artist Christiaan Bekker, California Member Since November 2008 Artist Statement "When something is created, it is not art. It only becomes art when it is appreciated by someone other than the artist." This is the key and driving force behind the art I create. To be creative, is to exert one's mental or physical powers, often under difficult circumstances and at times, to the point of exhaustion. You need to satisfy yourself and your audience, even if you are a self taught artist, constantly adapting to new styles and ideas..... I was fortunate to be born with a God given talent in the early sixties, to artistic parents in Pretoria, South Africa. Yet never realizing that this talent would one day allow me to realize a childhood dream of traveling to the United State of America. I started to draw architectural design for residential homes, unofficially, when I was 5 years old. At the age of 10 I had already mastered pastel portraits of family and friends although I had no official training or art education. While working as an artist in South Africa, I created many paintings from African Wildlife to International Rugby by using pastels and pencil. People in South Africa have recognized my artwork as a one of a kind, including, but not limited to former South Africa President, Nelson Mandela, whom in fact signed one of my pieces. I was also fortunate to have other sports legends sign my pieces like Tiger Woods, Ernie Els, Jack Nicklaus, Arnold Palmer, Gary Player, Tom Watson , Michael Schumacher- F1 Racing Champion and Michael Jordan. At the age of 36, I decided to follow my dream and immigrate to the United States of America. I arrived in Houston, Texas in 1997 and experienced the very emotional spirit of the red, white, and blue - and knew I was home! I located to California where I was awarded the Juanita Crothers Fine Art Award in 1998. My talent however, is not just limited to oil paintings. I have also success with drawing cartoons and custom airbrush. In 2003 I converted to palette knives because the paint brushes did not provide me enough freedom to create my art. A new style was born! It is a pleasure to ship my art across the USA and to other parts of the world. My art can be seen in countries like the USA, South Africa, New Zealand, Canada, Australia, Japan and the UK. The pieces are not only available in original artworks but also in limited edition prints. Today, I reside in California with my beautiful American wife, Stephanie and have three children and one grandchild. Christiaan Bekker 661-817-5352 (USA) Community Comments Catalog Details Product No 1592888 Subjects Style Realism Medium Tags Bekker, Christiaan, art, drawing, football, manning, painting, pencil, sketch, sports Create Frame Photos Photos on Canvas Sell Sell Art Online Become an Affiliate Get a Trade Account Common Questions Company Info About Us Contact Customer Comments Return Policy Social Tumblr Pinterest Twitter Facebook Instagram Our Wall Art Family CanvasOnDemand | Photo Canvases GreatBigCanvas | Decorate Huge Terms of Service Privacy Policy Copyright © 2016


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Any clue how to unlock the title "Quick Draw?" Its not damage an opponent with primary and finish off with pistol. Done it with pistols and machine pistols, last stand and no last stand.Read more >


text: Hi, got my ipod touch today. the first app I got was facebook which was free, but it still asked me for my password to get it. Then I bought a couple of games that I had to pay for, but it didn't ask for my password but worked! Have looked in the settings but can't find anything to turn it on, I want it to ask me for my password to buy an app. Can anyone help?? Thanks Please Register or Log in to view images


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Author Topic: Do hearing aids cause further hearing loss? (Read 1840 times)
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text:
Hotels in Sanarica
Hotel reservation
Hotel rooms in Sanarica
There are not so many hotel rooms in Sanarica, just 6, still everyone can find an offer to suit his choice. The most common offers in this city are hotels, they count 3 out of 6, and their prevalent location is central district. According to our practice, it is the most profitable to book a hotel in the east of Sanarica, as it is the location of the hotels with optimal cost and quality offers along with the cheap hotels. Taking into account the small size of the city, there is no need to dwell hotel reservation on the location: the road to the city center would take less then half an hour, so one can book a hotel in any district of Sanarica. The most populated with hotels district of Sanarica is the center, 66% of cheap hotel rooms are concentrated here. Sanarica is a truly multifaceted city, here everyone can find a hotel of his choice: a business person, a young couple or a family with little children. The most appreciated amenities in Sanarica hotels are pool. According to the visitors reviews, hotels in Sanarica has great pool. Take a look at our selection of the cheap hotel rooms in Sanarica to make a well-informed choice for your reservation!
Sanarica cheap hotels
Guest Houses
All cheap hotels in Sanarica
Best hotels in Sanarica
Hotels in Sanarica are spread around the city within the distance of 1.7 kilometers, while 4 hotels are located directly in the city center. Those who are keen on antique should definitely fall in love with
Masseria Quadrelli
, the oldest hotel of Sanarica, constructed in 2009. This hotel is located 1.7 km away from the city center. The most popular accommodations in Sanarica is
Masseria Quadrelli
located in a 1.7 kilometers from the city center.
The best hotels are here and now. Try them!
All cities in Italy


text: THIS IS A RESPONSE ON THE PROMO THAT MICHAEL MADE, READ THAT FIRST BEFORE READING THIS, OTHERWISE THIS MAKES NO SENSE: https://wweforums.net/threads/mistake.40983 Hours later, Danny Jacobs and Alkatrz come across an interviewer after working out for 48 hours straight. He walks up to them to comment on what Michael said. Interviewer: Hey, Danny Jacobs? Can I ask you a couple of questions? ''Give me all ya got. Tiny guy, haha. You're not even 7 ft tall, you fucking dwarf.'' The interviewer looks a bit scared at Danny Jacobs ''Don't feel intimidated, I won't hurt you. Haha, dumb fuckboy. Go ahead and shoot them questions.'' Interviewer: Uhm... Okay.. Can I.. -uh- ..get a response from you directed at Michael's challenge? A Steel Cage match at the Slammy's? ''HAHAHAHAHAHA! That little **** wants to challenge me for a match? Alright then. He can go ahead and challenge me for whatever he wants, but that won't make his character or himself any more interesting. He's the same generic nobody that he always was. Nobody wants him here and nobody needs him here. He's nothing and he won't progress my career here in any way possible but if he wants a little bit of our spotlight, he can get a little if that's what makes him so damn happy. We are always ready for a fight, and come Slammy's, that will be no exception. The Big Guy and I just trained for 48 hours straight! ''Normal'' people aren't able to do that, but we're not just human. We're special men, or should I say special guys.. We're The Big Guys, and whilst this might be the fight of YOUR life Michael, this is just a warming-up for me. Come Slammy's, you're just the beginning. After that, everything we will do is going to matter because at Royal Rumble, not only will we beat down that scum Aiden Ryan but one of us is going to win the Rumble as well. You're just a little snack. IWT Mania is where the big boys play, right? Well believe me, there's nobody bigger than us. Haha, The Big Guys!'' Danny Jacobs and Alkatrz hug eachother. It looks really sensitive and intimate, actually pretty gay. Alkatrz suddenly grabs Danny Jacobs' ass and Danny Jacobs steps away. ''Wooooow, Big Guy, that's a bit too far man. Take it easy.'' Alkatrz: I'm sorry Not So Big, Big Guy, I got lost in the moment. I just... I love you, man. ''It's okay Big Guy. I love you too. We're 4 life.'' Danny Jacobs and Alkatrz start hugging eachother again. After about 20 seconds, they stop hugging and they seem to leave together, but Danny Jacobs returns to say something quickly. ''Oh, haha. Dumb me, I forgot something. I'm ONLY going to face you under one small, but important, stipulation. You see: It hurts others to see you run people their careers into the ground. I may have saved Alkatrz's career but there are tons of others that you can ruin just by having them in a stable with you. My stipulation won't be something that has happened a million times already. When I win, and believe me, I will.. You can never make or be in a stable/tag team ever again in your life. Me and Alkatrz may have been wise enough to fight the evil that is you, but there are tons of dumb people that will have their career killed before it has even started if I don't put a stop to this right now. I'm just saving them from you. So, bring it if you dare. Haha, The Big Guys!'' Interviewer: Thank you very much. ''Yeah, you're right. Fucking thank me. Jew!'' Danny Jacobs and Alkatrz walk off together, to go to the nearest nightclub. @Tumbas @Tsar


text:
Total Wine and More opened in Ballston this morning, a day later than first anticipated.
An "occupancy permit issue" prevented the store from opening on Thursday, as scheduled.
About 15-20 customers were already perusing the aisles of wine, beer, food and accessories shortly after Total Wine opened the doors Friday morning.
Located at 800 N. Glebe Road, the store includes special features like a cigar humidor, a growler fill station, a classroom and meeting space and free Wifi.
The store's hours are 9 a.m.-10 p.m. Monday through Saturday and 9 a.m.-8 p.m. on Sunday.
ACPD Officer Played in NFL — Arlington County Police officer Dorian Brooks was formerly an offensive lineman for the Pittsburgh Steelers. At 6'3″ and 280 lbs, Brooks has lost some weight from his playing days — which included a 2011 Super Bowl appearance — but remains an imposing figure on the beat. [WUSA]
Write-in Candidate: Congressman Stole My Porn — Write-in congressional candidate Mike Webb continued his press release barrage early this morning with a curious one: an evidence-free accusation that Rep. Don Beyer (D-Va.) broke into his home and stole cell phone chargers, digital cameras and an external hard drive containing his porn stash. The subject line of the email: "VIP Beyer Steals External 'Sex Drive' and Impotent Webb Wants Good Porn Bac [sic]." Webb inadvertently made headlines earlier this year by releasing an image showing tabs for porn websites on his computer, later claiming that he was just testing said sites for viruses. [PDF]
Flights Canceled Due to Matthew — Hurricane Matthew's jaunt up the Florida, Georgia, South Carolina and North Carolina coast is leading to numerous flight cancellations at Reagan National Airport. [WJLA]
New Bishop Is an Eagles Fan — The Diocese of Arlington's incoming bishop, Michael Burbidge, is a big fan of the Philadelphia Eagles, the Redskins' NFC East foe. He received the call telling him the pope had appointed him to replace Bishop Paul Loverde in Arlington during the recent Eagles-Steelers game — though he unknowingly let the call go to voicemail. [News & Observer]
Columbia Pike Fall Wine and Craft Beer Fest — Sponsored — Sample Columbia Pike's unique wines and rare craft beers at this family-friendly, ticketed event. It's taking place Saturday, Oct. 8 from 3-8 p.m. on Adams Street at Columbia Pike. Food and beverages from Pike restaurants will be available for purchase, and a children's area and musical performances will keep all visitors entertained. [CPRO]
Flickr pool photo by Yakfur
Crystal City's annual outdoor food and wine festival, Sip and Salsa, will return on Sunday.
The event, held from 2-6 p.m. in the parking lot next to 220 20th Street S., features "delicious wines from Spain, Portugal, and Argentina together with food tastes from restaurants in Crystal City and the region."
There's also live Latin jazz, wine lessons from the Washington Wine Academy, and free salsa dancing lessons from Columbia Pike's Salsa Room.
Crystal City says Sip and Salsa " is the D.C. region's only inside the Beltway, outdoor wine festival with the ease of safe and responsible transit access."
Food and drink tickets are $20 online, while food-only tickets are $10.
The local professional football team, it should be noted, won't be playing Sunday — the Redskins will face the Pittsburgh Steelers on Monday night.
Disclosure: Crystal City BID is an ARLnow.com advertiser
Deal of the Day: Celebrate the 10th Annual Sip & Salsa for Only $10
Get ready to Sip, Salsa and Save with today's Deal of the Day.
Snag a general admission ticket to the 10th annual Crystal City Sip & Salsa for only $10 (or get a food only tasting ticket for $5) and enjoy great Spanish and South American wines, delicious bites from area restaurants, live music, and, of course, salsa dancing!
That's half off the usual price. You'll have to hurry — only 100 discounted tickets are available and the deal ends at 9 a.m. Thursday.
Daily Discount Code: ARLnowSip
WHEN: Sunday, September 11 from 2-6 p.m.
WHERE: Parking lot at 220 20th Street S., Arlington, VA 22202
WHAT: The region's largest inside the beltway, outdoor wine festival is celebrating its 10th year! Crystal City's 10th Annual Sip and Salsa features delicious wines from Spain, Portugal, and Argentina, food tastes from restaurants in Crystal City and the region, great live music, and live dancing demonstrations and lessons from Columbia Pike's Salsa Room. Part of Crystal City's SIPtember series, enjoy a variety of sipping events with Sip & Salsa, Pups & Pilsners, Wine in the Water Park, and Crystal Screen: Sips and Sweets movie festival.
ArtJamz Underground Studio, a new "paint and sip" studio, will be opening next Friday, July 15, in Crystal City.
Located in the Crystal City Shops, at 2105-B Crystal Plaza Arcade, the 1,000 square foot public art studio and lounge will offer freestyle paint sessions, guided classes, and other private and public special events.
Studio time for customers includes art materials, an easel, a smock, two complimentary glasses of wine or one beer and local artists that are on hand to give tips and guidance.
"We really encourage original art, for people to create something unique," said founder and CEO Michael Clements. "Our tagline is unleash your inner artist because we want our studios to be as close to what an artist would experience in their studio."
Customers can choose from six different canvas sizes — and they're also allowed to paint on the walls. Just for fun, fake artist mustaches and berets are offered at an additional charge.
This will be the first permanent ArtJamz location in Virginia (it also hosts popup locations). The business has two other physical locations in D.C.
"Our mission is make the world a more creative place," said Clements.
Customers can book sessions online. Until opening night, ArtJamz is offering a special where patrons can book sessions using the promo code "opening16" to receive 20 percent off a reservation.
View from Central Place — An ABC 7 reporter visited one of the top floors of the still under-construction Central Place residential tower in Rosslyn. The residential building is slated to open in 2017 while a twin office tower next door is set for 2018. [Twitter]
Wine in the Waterpark Extended — Crystal City is extending its popular Friday night Wine in the Waterpark events through July. The event offers beer, wine and music in an outdoor setting. [Crystal City]
'Women in Secularism' Conference — A Crystal City hotel will be hosting the fourth "Women in Secularism" conference in September. The conference "brings together a diverse lineup of speakers to address what it means to be a 'woman in secularism' — not just in theory, but in practice." [Women in Secularism]
Photo by Jackie Friedman
(Updated at 4 p.m.) Candy and booze are set to star in Crystal City's al fresco film series later this year.
The Crystal City Business Improvement District's "Sweets and Sips" flicks for Crystal Screen in September are slated to include four movies that feature chocolate and wine. Initially, the organization planned to screen Star Wars movies this summer, but were unable to show them.
"Despite earlier confirmations with the movie licensing company, rights to publicly show the Star Wars movies for the Crystal Screen outdoor movie festival were lost due to an unexpected move from the DARK SIDE!" a Crystal City BID email says. "So, we're celebrating by drowning our sorrows in the comfort of sweets and sips."
The email adds: "Bring a picnic or take-out from area restaurants and enjoy sips from the pop-up wine bar (cash) with hand-selected offerings from the Crystal City Wine Shop and tasty sweet samples from Crystal City's Schakolad."
The movies are:
- "Willy Wonka" (1971) on Sept. 6.
- "Bottle Shock" (2008) on Sept. 13.
- "Chocolat" (2000) on Sept. 20.
- "Sideways" (2004) on Sept. 27.
Movies are scheduled to start about 30 minutes after sunset outside 1901 S. Bell Street.
Local wine and cheese retailer and restaurant Cheesetique opened its third location today in Ballston, at 800 N. Glebe Road.
"This is our biggest physical location, so I am very hopeful the model will work for us," said store owner Jill Erber. The original location opened 12 years ago in Del Ray and the second location opened in Shirlington, at 4056 Campbell Avenue, five years ago.
The Ballston menu is identical to the other two locations. The cheese shop carries cheeses and charcuteries from all over the world, for retail sale or for dining in. Dine-in menu items include mac and cheese, grilled cheese, salads and hearty sandwiches.
"Everything on the menu is intended to feature the cheeses," said Erber.
The wine and beer list is selected to pair with the cheeses. One unique feature about the new location is that there will be a full bar, which will be opening later this year.
For this week only, Cheesetique will only be serving lunch from 11-3 p.m. Next week, the restaurant will start its normal hours, serving lunch and dinner from 10 a.m.-11 p.m.
Grateful Red, a quirky local wine shop in Clarendon, has closed its doors after almost four years in business.
The store opened in 2012, with a wine selection focused on independent and local wine producers, along beer, gifts and gourmet items. It was located at 2727 Wilson Blvd, next to Revolution Cycles — and across the street from Whole Foods and its large beer and wine selection.
A sign in the window says the space is for lease.
So far, there's no word on why the store closed. The storefront next to Grateful Red — formerly B&C Jewelry — also remains available for lease.
Grateful Red's Facebook page has not been updated since February. A Twitter post from Feb. 26 announced a storewide sale of up to 50 percent off.
The owners of Grateful Red also own nearby Screwtop Wine Bar, which remains open at 1025 N. Fillmore Street.
Update at 2:15 p.m. — Owner Wendy Buckley has shared an email she sent to customers last month.
Dear Wine & Craft Beer Lovers,
Grateful Red Wine and Gift Shop (brick and mortar) will be closing Sunday March 13th. We will continue to successfully operate a gift basket delivery and online business at GratefulRedWine.com.
This comes after a lot of soul searching within myself over the holidays on whether or not to renew our lease, and in the end I decided that the online and gift basket side of the business was the strongest and most worthwhile for us at the moment.
Current store employees will be absorbed into screwtop or website staff. Our last Beer & Wine Club pick up for Grateful Red will be held on Saturday March 5th. If you are a wine club member you may continue on with screwtop's wine club, which is a wonderful club that features wines from all over the world. We will, however discontinue the beer club after March 5th.
If you have purchased or received a Grateful Red gift card, please try and use it before March 13th. Any gift card not used by the 13th, will of course be honored at screwtop. Please see the website on the back of your gift card to periodically check the balance, as these gift cards slowly lose value after long periods of time not used.
Thank you so much for all the love & support these last few years, and your continued support of screwtop.
If you have any questions you may reach me via email – [email protected]
If you know a business that might be a perfect fit for the space at 2727 Wilson, the broker in charge of re-leasing can be reached at [email protected]
I will also be looking for homes for some of the wine shelving and other fixtures, so shoot me an email if you have any interest. FREE to good home! 🙂
Warmest Regards,
-Wendy Buckley, Owner
Arlington Agenda is a listing of interesting events for the week ahead in Arlington County. If you'd like to see your event featured, fill out the event submission form.
Also, be sure to check out our event calendar.
AFAC Bar Olympics
Spider Kelly's (3181 Wilson Blvd)
Time: 7-9 p.m.
Join AFAC for a night of fun and fundraising. Two-person teams compete in six bar games in a tournament-style competition. Entry fee is $10 per person ($20 per team). Top five teams qualify for cash prizes or gift cards.
Wine Pairing Dinner*
Osteria da Nino (2900 S. Quincy Street)
Time: 6:30-11 p.m.
Join Nino for a Campania wine pairing dinner at Osteria da Nino in Shirlington. The event will feature five courses and five wines for only $60 per person, plus tax and gratuity. Reservations are required.
Feel the Heritage Festival
Drew Community Center (3500 23rd Street S.)
Time: 1-6 p.m.
Celebrate Black History Month at the 24th annual Feel the Heritage Festival. This FREE event features live music and dance, a "Hall of History," free children's activities, delicious soul food and a great selection of vendors.
PAL Block Party
Duck Donuts (2511 N. Harrison Street)
Time: 3 p.m.
A bike-centric event in a car-heavy spot. Take a couple seconds from a stressful day and chat with ambassadors from Arlington's PAL (Predictable, Alert, Lawful) program. There will be chairs, hot cocoa and incense.
And the Winner Is… Oscars Party
Arlington Cinema Drafthouse (2903 Columbia Pike)
Time: 7 p.m.
Watch the Oscars broadcast live on the big screen at the D.C. Film Society's 24th annual party. There will be a predict the winners contest, trivia contests, giveaways and a silent auction. Tickets are $20.
Arrowine to Host 'Ladies of the Vine' Tasting Event Next Weekend
(UPDATED: This event is cancelled due to the impending snowstorm.)
Arrowine (4508 Lee Highway) and Ladies of the Vine, a group of female wine importers, will be hosting a free tasting event next Sunday, Jan. 24.
From 1-4 p.m., there will be four separate tasting tables, with wines from all over the world including Portugal, South Africa, Germany, and California.
Ladies of the Vine are a group of importers, representing portfolios from around the world, who enjoy each other's wines as much as each other's company. They formed Ladies of the Vine to showcase all of their wines together, hosting events to give the attendees a greater experience and an around the world venture with their individual expertise.
Attendees will be able to purchase or order some of their favorites from the tasting at discounted prices.
RSVP for the event via Facebook.
The preceding was a sponsored article written by ARLnow.com for Arrowine.
A Total Wine store is coming to Ballston.
The chain booze outlet, to be located at 800 N. Glebe Road near Mussel Bar, has applied for a Virginia ABC license to offer wine and beer for sale along with beer keg sales and delivery.
Though the Bethesda-based national retailer has locations in surrounding Alexandria, McLean, Fairfax and Springfield, this will be the first Total Wine location to open in Arlington.
A representative from the company — known as "America's Wine Superstore" — confirmed the Glebe storefront is in the early stages of opening.
There appears to be no activity yet inside the space, and the representative could not provide an approximate date of when they hope to open the store.
Hat tip to ARLnow commenter Dean
WWBG: Wine Purchasing Guide
Editor's Note: This biweekly column is sponsored by Dominion Wine and Beer (107 Rowell Court, Falls Church). This column is written by Dominion owner Arash Tafakor.
With the holiday season right around the corner wine consumption will definitely be on the rise.
For some people, buying a bottle of wine from a store with a large selection can be a daunting task. With so many different wines with different labels from various regions throughout the world, it's difficult to know what wine to choose. Without going into grape specificities, I'm going to give you some tips on how to buy a perfect bottle of wine for any occasion.
What are you willing to spend?
This is always the first question we ask when assisting a customer buy a bottle of wine. These days you can find a nice bottle of wine in any price range depending on what kind of complexity of flavors you are looking for. We typically recommend three price ranges to our customers, under 10 dollars, 10-15 dollars or over 20 dollars.
As a consumer, you should be aware of your wine allowance before you walk into a store and stick to your budget. You do not want to go into a wine shop with a budget of 20 dollars and leave with a bottle that is 30-40 dollars. Even if the wine is great, you won't be walking out happy and will not find the same enjoyment in the wine. You can find a fantastic wine under any budget for any occasion.
What are your tastes and preferences?
Next question we simply ask is, what kind of wine do you like? First time wine buyers usually reply with "Wine's that tastes good." This true for all us wine drinkers but figuring out the exact type you enjoy, paired with certain foods, will go a long way in creating a wonderful wine-drinking experience.
Simple questions to ask yourself in regards to your wine preferences include:
- Do you prefer white wine or red wine?
- Do you like dry or sweet?
- Light, medium or full-bodied?
It is important to know your tastes and likes rather than a wine publications or wine merchant selling you wine. They may recommend a perfectly good wine that most people like, but that is not exactly your preference or taste.
Starbucks applied this week for a liquor license at its Clarendon cafe.
The license, if approved, would allow the Starbucks at 2690 Clarendon Blvd to serve beer and wine.
The company had earlier applied for Virginia ABC permits at two South Arlington locations, as part of the "Starbucks Evenings" program it's rolling out. All three permit applications are still pending.
Starbucks Evenings stores will serve beer, wine and a selection of small plates at night, in addition to the usual coffee, tea, pastries and breakfast foods.
Starbucks customers may be able to order a glass of wine with their Pumpkin Spice Lattes at two Arlington locations in the next few months.
Starbucks has filed liquor license applications for its new Penrose Square (2413 Columbia Pike) and Arlington Ridge Shopping Center (2925 S. Glebe Road) locations. If approved, the stores will be able to serve beer and wine, in addition to the coffee and tea drinks the company sells.
Starbucks is offering beer and wine at select stores as part of its new "Starbucks Evenings" service, which also includes small plates.
According to a sample menu, the coffee chain will sell various red, white and sparkling wines by the bottle and glass, as well as craft beers. Small plates include truffle mac and cheese, bacon-wrapped dates, chicken skewers and truffle popcorn. Menus vary by region.
License applications for the two stores are currently pending, according to the Virginia Department of Alcohol Beverage Control.
Wine and beer will come to the Long Branch Creek location in "probably a few months," said a supervisor at the store but she could not provide any additional information. USA Today reported in August that Starbucks is launching Starbucks Evenings at more than 2,000 of its 12,000+ U.S. stores, with many opening by the end of the year.
A Starbucks spokesman stopped short of confirming that the two South Arlington stores will in fact be serving beer and wine in the near future.
"Just as each customer is unique, so are our stores and we consider a broad range of products and experiences for each neighborhood," said the spokeswoman. "And, as you've probably seen, we're in the very early stages of considering our stores at 2413 Columbia Pike and 2925 S. Glebe Road for the Evenings menu. It's a long and thoughtful process and the permit filing is just one of many steps we take."


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Superior Court of New Jersey, Appellate Division
July 31, 2013
U.S. BANK, as successor by merger to STATE STREET BANK AND TRUST COMPANY, Trustee for the Registered Holders of J.P. Morgan Commercial Finance Corp., Mortgage Pass-Through Certificates, Series 1998-C6, Plaintiff-Respondent,v.ALMONESSON ASSOCIATES, LP, and KENNETH GOLDENBERG, Defendants-Appellants.
Argued telephonically February 15, 2013
On appeal from Superior Court of New Jersey, Chancery Division, Gloucester County, Docket No. F-48887-09.
Randi A. Wolf argued the cause for appellants (Spector Gadon & Rosen, P.C., attorneys; Ms. Wolf, on the brief).
Sheila E. Calello argued the cause for respondent (McCarter & English, LLP, attorneys; Ms. Calello, of counsel and on the brief; Danielle Weslock, on the brief).
Before Judges Fisher and St. John.
Defendants Almonesson Associates, LP and Kenneth Goldenberg, appeal from a May 11, 2012 Chancery Division order denying their request to vacate a February 3, 2012 consent judgment. On appeal, defendants argue the judge erred in denying their motion, as the circumstances required the consent judgment be vacated. Following our review of these arguments in light of the record and the applicable law, we affirm.
We briefly summarize the relevant procedural history and the facts based on the record before us.
Almonesson was the owner of a shopping center located in Deptford. In September 1997 it borrowed $30, 300, 000, executed a fixed rate note secured by a mortgage and other collateral documents. The loan was further secured by a guaranty given to the lender by Goldenberg. On October 16, 2009, plaintiff U.S. Bank filed a verified complaint for foreclosure, possession, entitlement to rents, appointment of a rent receiver, and foreclosure of security interest against defendants. Defendants did not file an answer, but entered into negotiations with the lender. As a result, a forbearance agreement was entered into among the parties on December 1, 2009. Pursuant to this agreement, defendants agreed to: (1) the appointment of a rent receiver; (2) the execution of a consent judgment; and (3) the execution of a deed in lieu of foreclosures and related documents. Plaintiff agreed to forebear from pursing its remedies for eighteen months, specifically until June 30, 2012.
The consent order appointing a rent receiver, pursuant to the agreement, was entered on April 15, 2010. Metro Commercial Management Services Inc. (Metro) was named as the court-appointed rent receiver. Metro remained in control of the shopping center during the forbearance agreement. As rent receiver, Metro was to issue monthly reports to the plaintiff and defendants showing income and expenses. According to the president of Metro, defendants did not present it with any prospective tenants or purchasers for the shopping center. Defendants contend that Metro did not comply with its reporting requirements.
In a June 29, 2011 letter to plaintiff, defendants requested a nine month extension of the forbearance agreement. Plaintiff did not agree to the extension. Defendants failed to pay all sums due under the loan documents, and on December 15, 2011, over five months from the date that it was authorized to file, plaintiff submitted the consent judgment for entry. On December 27, 2011, defendants objected to its entry, claiming plaintiff failed to comply with the terms of the forbearance agreement. However defendants could not evidence that, during the period of forbearance, they had given any notice to plaintiff that it was in violation of the forbearance agreement.
On February 3, 2012, the court entered the consent judgment. On April 11, 2012, defendants filed a motion to vacate the consent judgment asserting an entitlement to such relief pursuant to Rule 4:50-1. After considering oral arguments, the motion judge denied defendants' motion finding that they were not entitled to relief since, among other grounds, plaintiff had not violated the forbearance agreement. This appeal ensued.
Defendants argue: (1) plaintiff failed to provide promised information to defendants and refused to negotiate in good faith, thus plaintiff failed to live up to promises made in the forbearance agreement and therefore the consent judgment should have been vacated; (2) the consent judgment should have been deemed void because Rule 4:64-1(d) requires that all applications for entry of judgment in an uncontested case must be submitted to the foreclosure unit for consideration, and defendants maintain that here the matter was uncontested; (3) the consent judgment should have been vacated pursuant to Rule 4:50-1(f) because it would be inequitable for plaintiff to receive a final judgment of foreclosure because it failed to provide promised benefits pursuant to the forbearance agreement; and (4) this court should allow defendants to file a responsive pleading out of time because defendants have shown good cause since the reason for defendants' delay in filing any answer was the parties' decision to enter into the forbearance agreement.
A trial judge's "decision granting or denying an application to open a judgment rests within the sound discretion of the trial court, exercised with equitable principles in mind, and will not be overturned in the absence of an abuse of that discretion." Marder v. Realty Constr. Co., 84 N.J.Super. 313, 318 (App. Div.) (citations omitted), aff'd, 43 N.J. 508 (1964). See also DEG, LLC, v. Twp. of Fairfield, 198 N.J. 242, 261 (2009) ("On appellate review, the trial judge's determination will be left undisturbed unless it represents a clear abuse of discretion." (internal quotation marks and citations omitted)). "[A]buse of discretion is demonstrated if the discretionary act was not premised upon consideration of all relevant factors, was based upon consideration of irrelevant or inappropriate factors, or amounts to a clear error in judgment." Masone v. Levine, 382 N.J.Super. 181, 193 (App. Div. 2005) (citation omitted). Accordingly, our task is not "to decide whether the trial court took the wisest course, or even the better course, since to do so would merely be to substitute our judgment for that of the lower court. The question is only whether the trial judge pursued a manifestly unjust course." Gittleman v. Cent. Jersey Bank & Trust Co., 103 N.J.Super. 175, 179 (App. Div. 1967), rev'd on other grounds, 52 N.J. 503 (1968).
Consent judgments resolving litigation are authorized by Rule 4:42-1, Midland Funding, LLC v. Giambanco, 422 N.J.Super. 301, 310 (App. Div. 2011), and are "'not strictly a judicial decree, but rather in the nature of a contract entered into with the solemn sanction of the court.'" Cmty. Realty Mgmt. v. Harris, 155 N.J. 212, 226 (1998) (quoting Stonehurst at Freehold v. Twp. Comm. of Freehold, 139 N.J.Super. 311, 313 (Law Div. 1976)). Stated differently, a consent judgment is "an agreement of the parties under the sanction of the court as to what the decision shall be." Fid. Union Trust Co. v. Union Cemetery Ass'n, 136 N.J. Eq. 15, 25 (1944) (internal quotation marks and citations omitted), aff'd, 137 N.J. Eq. 456 (E & A 1946).
"[A] consent judgment may only be vacated in accordance with R[ule] 4:50-1." Harris, supra, 155 N.J. at 226 (internal quotation marks and citations omitted). See also DEG, supra, 198 N.J. at 261 ("The rule does not distinguish between consent judgments and those issued after trial."); Pope v. Kingsley, 40 N.J. 168, 173 (1963) ("A consent judgment has equal adjudicative effect to one entered after trial or other judicial determination." (citations omitted)).
A motion to vacate a judgment may be granted upon proof of one of the enumerated bases set forth in the rule.[1] Relief from a judgment based on any one of these enumerated bases should be granted sparingly. Hous. Auth. Of Morristown v. Little, 135 N.J. 274, 289 (1994). "Rule 4:50-1 is not an opportunity for parties to a consent judgment to change their minds; nor is it a pathway to reopen litigation because a party either views his settlement as less advantageous than it had previously appeared, or rethinks the effectiveness of his original legal strategy." DEG, supra, 198 N.J. at 261.
Here, the motion judge considered defendants' motion in light of their burden of persuasion, as mandated by Rule 4:50-1. She found the proofs wanting and denied the requested relief.
Defendants primary contention is that the forbearance agreement afforded Almonesson "the opportunity to continue its efforts to redevelop/save the Property and restructure the loan or otherwise buy out of its loan at less than par so it could retain ownership of the Property." The agreement provided that Almonesson could present an offer to plaintiff. The agreement also stated that "[i]n no event shall Lender have any obligation to accept any such proposal. . . ."
Defendants also argue that plaintiff breached its obligations under the forbearance agreement because Metro, the rent receiver appointed by the court pursuant to a consent order, did not comply with its obligations. We are not persuaded by this argument since the forbearance agreement provides that neither defendants nor plaintiff "shall have any liability for actions taken by, or omissions of, the Receiver."
"[E]very contract" has "an implied covenant of good faith and fair dealing, " Onderdonk v. Presbyterian Homes of N.J., 85 N.J. 171, 182 (1981), which "applies to the parties' performances and their enforcement of the contract." East Penn Sanitation, Inc. v. Grinnell Haulers, Inc., 294 N.J.Super. 158, 170 (App. Div. 1996) (internal quotation marks omitted). However, "an implied obligation of good faith and fair dealing does not and cannot 'alter the terms of a written contract.'" Id. at 50 (quoting Rudbart v. N. Jersey Dist. Water Supply Comm'n, 127 N.J. 344, 366, cert. denied, 506 U.S. 871, 113 S.Ct. 203, 121 L.Ed.2d 145 (1992)). Moreover, this obligation does not require a party to a contract "to overlook its own rights under the agreement to protect its property interests because such action is detrimental to the other party's interests." Liqui-Box Corp. v. Estate of Elkman, 238 N.J.Super. 588, 600 (App. Div.), certif. denied, 122 N.J. 142 (1990).
Defendants, by urging us to find that plaintiff had a good faith duty to affirmatively cooperate with its efforts to restructure the loan at less than par, are in effect asking us to expand the existing duty of good faith to create additional obligations on the parties that counteract unambiguous express terms in the contract. This we will not do. The duty to cooperate exists only in relation to performance of a specific contract term. As a matter of law, there cannot be a breach of the duty of good faith when a party simply stands on its rights to require performance of a contract according to its terms.
Next, defendants, citing Rule 4:64-1(d)(2), contend that the order under review must be vacated and deemed void because "all applications for entry of judgment in uncontested cases, such as the one at bar, must be submitted to the foreclosure unit for consideration." We find this contention to be without sufficient merit to warrant discussion in this opinion. R. 2:11-3(e)(1)(E). However we note that defendants contested the entry of the consent judgment before the motion court and persist in their contest before us. Their characterization of the matter as uncontested flies in the face of their motion before the motion judge and their arguments before us. "The Office of Foreclosure is not empowered to make any rulings but instead provides a very valuable service to the courts in making recommendations on matters expressly described in R. 1:34-6 . . . ." Wells Fargo Home Mortg., Inc. v. Stull, 378 N.J.Super. 449, 452 n.1 (App. Div.), certif. denied, 185 N.J. 267 (2005). Given the actions of defendants and the relief requested of the motion court, the Chancery Division was the appropriate forum.
We are satisfied that the legal principles governing the enforcement of settlements as legally binding agreements favors plaintiff's position. As a matter of public policy, the courts of this State favor the enforcement of settlement agreements. Nolan v. Lee Ho, 120 N.J. 465, 472 (1990); Jannarone v. W.T. Co., 65 N.J.Super. 472, 476-77 (App. Div.), certif. denied, 35 N.J. 61 (1961). This policy acknowledges the self-evident "'notion that the parties to a dispute are in the best position to determine how to resolve a contested matter in a way which is least disadvantageous to everyone.'" Jennings v. Reed, 381
N.J.Super. 217 226-27 (App Div 2005) (quoting Peskin v Peskin 271
N.J.Super. 261 275 (App Div) certif denied 137 N.J. 165 (1994)) "Consequently courts 'strain to give effect to the terms of a settlement wherever possible'" Id. at 227 (quoting
Dep't of Public Advocate Div of Rate Counsel v N.J. Bd of Pub Utils 206
N.J.Super. 523 528 (App Div 1985))
We conclude the motion judge's findings were fully supported by the record and no evidence sustains defendants' bald assertions of breach of the forbearance agreement by plaintiff There was no error in the court's analysis and the motion judge properly exercised her discretion
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Just a share that yesterday, I took some of my greeting cards (which I usually sell at www.GreetingCardUniverse.com/EverydayExpressions) to a local store, and the store owner wants to sell them! I was pretty excited. Making cards out of my photos started out as just some fun, because of a group I was involved in (and some of my earlier efforts, which you can see at that link too, are not so spectacular -- but I got better as I went along). And now people really seem to like them, and it's cool to get sales on Greeting Card Universe, but even more cool that a store owner likes them enough to put them in her store. So I ordered about $300 of them yesterday so she has a few of each design that she liked, and then we'll see how they do in the store!
It's such fun for me to turn my photos into neat things... The cards are practical things I use myself for friends and family, and now I'm able to sell them too. And I love the 2013 calendar we just ordered with photos of the kids, which we can really enjoy all year long. And the canvasses I got done up are just so special to me.
What are some of the cool things YOU do with your photos?


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Rotary CutterRotary Cutting
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Rotary Cutter - CLOVER-Rotary Cutter cuts fabric beautifully with just the right amount of blade exposed, whether held upright or at an angle. Functional design fits in your hand. Convenient for both left and right hands. Additional blades sold separately. Cutter measures: 60mm. Keep out of reach of children. Made in China.View Product Specs
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SIZZIX-Big Shot Pro Accessories. These shims are used to compensate for minute variations in paper thicknesses and wear on the Cutting or Crease Pad. If the steel rule of the die fails to cut the shape completely use one to ...
MARTELLI-Ergonomic Rotary Cutter. Ergonomically designed for maximum comfort! This right-handed rotary cutter features a contoured grip, a spring loaded guard, and precision engineering. Perfect for hands with arthritis, carpel tunnel syndrome, tendonitis, or hand fatigue. This package contains one 60mm ...
OLFA-Designed for a variety of craft projects including model making, photography, memory books and signs. Not recommended for fabric (see OLFA Rotary Circle Cutter). Cuts circles up to 6 inches in diameter. Extra blades can be stored in the handle. ...


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Vitamin Code® Liquid, a comprehensive multivitamin formula made with RAW whole food vitamins and minerals.
With Vitamin Code® Liquid—Garden of Life Continues A Tradition of Innovation:
- The First and Only Liquid Multivitamin with FoodStable™
- 100% Whole Food Preservation System—No Chemical Preservatives
- No Sodium Benzoate or Potassium Sorbate
- 100% RAW Whole Food Vitamins and Minerals—No Isolates or Synthetic Nutrients
No other liquid multivitamin that we know of can make these claims!
Vitamin Code® Liquid is made with RAW whole food vitamins and minerals and contains over 45 superfoods including 35 RAW organic fruits, veggies and sprouts. It is vegetarian, gluten-free, dairy-free and contains no artificial colors or flavors
Your body is designed to recognize and utilize nutrients best when they come from food. Each individual nutrient delivered to your body from food comes intact with its own specific and unique cofactors that tell your body where and how to utilize that nutrient. When vitamins or minerals are isolated from food or synthesized in a lab, their cofactors can be removed, inhibiting their ability to effectively nourish your body. While a diet rich in RAW, whole foods is the best way to consume nutrients, if you are going to supplement, you should seek out a whole food liquid multivitamin formula with RAW whole food vitamins and minerals.
|Mixed Tocopherols Alpha-tocotrienol, beta tocotrienol, gamm-tocotrienol, beta-tocopherol, gamma-tocopherol
|13 mg
|Mixed Carotenoids
(Alpha-carotene, Gamma-carotene, Lycopene)
|13 mg
|RAW Organic Fruit and Vegetable Juice Blend
Organic Strawberry (fruit), Organic Cherry(fruit), Organic Blackberry(fruit), Organic Raspberry(fruit), Organic Beet Juice(root), Organic Carrot Juice (root), Organic Spinach Juice (leaf), Organic Broccoli Juice (flower & stem), Organic Tomato Juice(fruit), Organic Kale Juice(leaf), Organic Red Cabbage Juice (leaf), Organic Parsley Juice (leaf), Organic Brussels Sprout Juice (leaf), Organic Green Bell Pepper (fruit) Juice, Organic Cucumber Juice (gourd), Organic Celery Juice(stalk), Organic Garlic Juice (bulb), Organic Ginger Root Juice (root), Organic Green Onion Juice (root), Organic Cauliflower Juice (flower & stem), Organic Asparagus Juice (flower & stem)
|150 mg
|Citrus C Blend
RAW Whole Food Vitamin C, RAW Amla Berry, Grapefruit Extract (seed and pulp), Grapefruit Bioflavonoids (Naringen, Isonarinagin, Naringenin, Neoerlocitrin, Neohesperidin, Poncirin, Hesperidin, Rhoifolin)
|113 mg
|RAW Organic Mushroom Mycella Blend
Organic Reishi (Ganoderma lucidum), Organic Maitake (Grifola frondosa), Organic Shiitake (Lentinula edodes), OrganicCordyceps sinensis,Organic Hericlum erinaceous, OrganicPolyporus umbellatus,Organic Poria cocos,Organic Trametes versicolor, OrganicAgaricus blazel, OrganicTremella fuciformis
|50 mg
|RAW Organic Sprout Blend
Organic Amaranth Sprout, Organic Quinoa Sprout, Organic Millet Sprout, Organic Buckwheat Sprout, Organic Garbanzo Bean Sprout, Organic Kidney Bean Sprout, Organic Lentil Sprout, Organic Adzuki Bean Sprout, Organic Flax Seed Sprout, Organic Sunflower Seed Sprout, Organic Pumpkin Seed Sprout, Organic Chia Seed Sprout, Organic Sesame Seed Sprout
|50 mg
RAW Food-Created Nutrients™ are individually created through dual-organism cultivation which allows for the natural creation of known and yet to be discovered Code Factors™ such as live Probiotics, Bioactive Glycoproteins, Bioactive Lipoproteins, Bioactive Enzymes, Glucomannan, SOD, Glutathione, Beta-glucans, Lipioc Acid, Essential Trace Minerals, Glutamine, Polysaccharides and CoQ10.
|Nutritional Information
|per 100g
|83 Kcal 348 kj
|of which saturates
|- of which sugars
|Dietary Fiber
* Free delivery to most of the UK for all orders over £150 (net of vat) *
UK Mainland
|upto 750g
|Royal Mail
|750g to 25Kg
|Next day
|Orders over £150
|Next day
Highlands & IslandsPostcodes beginning with: AB, BT, DD, DG, EH, FK, G, HS, IM, IV, KA 27-28, KW, KY, ML, PA 20-49, PA 60-78, PH 17-26, PH 30-44, PH 49-50, TD, TR 21-25, ZE
|upto 750g
|Royal Mail
|750g to 25Kg
|Orders over £150
|FedEx next day
Europe and rest of the world
|All of Europe upto 2Kg (1.8kg plus packaging*)
|Royal Mail Europe 3-5 days
|£4.00 per 500g
|Rest of the world upto 2Kg
|Royal Mail International
|£8.00 per 500g
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|2Kg-25Kg Austria, Denmark, Italy, Portugal, Spain, Greece, Czech Rep, Estonia, Finland, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Sweden
|2Kg-25Kg Norway, Switzerland
|2Kg-5Kg - United states, Canada
|5Kg-10Kg - United states, Canada
Royal Mail 48 hour details
- This service is 48hr including delivery on Saturdays.
- Online tracking.
- Delivery may be possible within 24hrs but is not guaranteed.
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- This is a 'next day' service with Federal Express. NOTE: This is a standard service - you do NOT pay extra for this and next day is not guaranteed.
- While the vast majority of orders placed before midday are dispatched the same day, this is not guaranteed. Please note there is no Saturday delivery.
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For orders over 25kg, please call +44 (0)1243 523335, or email email@example.com for discounted prices and for carriage rates.
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Some countries will not allow the import of certain products. It is the responsibility of the customer to establish what their country rules and regulations are. Raw Living cannot be held responsible for orders delayed or returned by customs. If a package is returned by customs we will be charged, and this cost, together with the original carriage cost and a 10% handling fee will be deducted from any refund requested.
Please note that we periodically review carriage rates and they are subject to slight changes. We do not seek to make profit from carriage and in many cases they are heavily discounted.
*packaging is approx 50g on small orders up to 200g on larger orders. so for example, if you purchased 1.81kg of goods, this would be dispatched by courier and the carriage charge would be for 2kg
Please click here for our Returns & Refunds Policy - Thankyou


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Size: 22 x 19 x 26 cm (LxWxH)
Light and shadow are twins, there is no secret between them. The primitive concept of this lighting solely comes from such intimacy. Companionship is believed to be the best virtue within the family, and we do hope this gift reminds you treasuring lovely moment that takes place at every home.
SEEDDESIGN has been engaged in lighting design & manufacturing ever since 1991.


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available in PLUS SIZES
available in extended sizes
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Glass & Copper Lamp
Created by Joan Bazaz
Lamp with copper frame, blue patina and glass panel made from hand rolled glass and fired-on enamels. Maximum recommended wattage is 60 watts (25-watt bulb included).
other artwork you may like


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Free shipping on orders over $75*
…for your trip down the Grand. It's durable and waterproof with USGS topo maps and excellent descriptions of river features. * This 5th Edition book covers the entire river, from the Lees Ferry launch site to the South Cove take out on Lake Mead. * Spiral-bound format with full-color topographical…
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…plentiful bear population. * Alaska's Rivers are separated by region in this book. Travel to the Delta River in the Yukon Region or the Stikine in the Southeast for instance. Over 80 rivers and creeks are covered in this book. * Each river highlighted includes information on put-in and take-out…
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…alloy frame supports weights up to 250 pounds * The Roll-A-Cot only weigh 10 pounds! * The cot folds up and stows in the attached carry pouch. When set up, the pouch hangs alongside the cot, providing a handy place for your headlamp and that book you were reading when you decided to call it a night.
Related Products: Cot | Roll A Cot | Rollacot
…That's why every boater should not leave home without having studied this authoritative and comprehensive manual for boaters of all levels. * This book is a must read for the weekend warrior or the hard-core pro and provides useful tools and techniques for self rescue and rescue by others. * Through…
Related Products: Used Rafts | Used Kayak Paddle | Level Six
…and head out for some paddling adventure - just don't forget to bring along The River Gypsies' Guide to North America. This book belongs on every boater's dash. * This guide book is your ticket to travel in nine of the continent's hottest destination paddling regions. * Includes all the information…
Related Products: Hand Paddles | Guide Book | River Guide Books
Many of the best "river stories" don't even involve the whitewater. They're the crazy tales of outfitters, guides and guests that are spun around endless campfires. Halfway To Halfway captures the essence of the guide's life. * Prepare to be seduced by these tales, by and of, some of the quirkiest…
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Keep a swiftwater rescue refresher in your PFD pocket. The Whitewater Rescue Field Guide, by Boreal River Rescue, is a compact, waterproof booklet that covers the basics of most on-the-water emergency situations. * The 30 page guide, printed on waterproof, tear-proof paper, is a useful tool that's…
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…you kayak, canoe or raft, you'll find content that gets you thinking. You may agree or disagree with him, but you won't fail to be challenged to think in new ways. * Rated one of the top five outdoor adventure books by Wall Street Journal. Author: Doug Ammons Copyright: 2009 Size: 6" x 9" Pages: 223
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…is a must-have guidebook for your trip down the Salmon. Durable and waterproof, with USGS maps and excellent descriptions of river features. * This book covers the entire permitted portions of Idaho's Salmon river, from the Boundary Creek launch site on the Middle Fork to the Carey Creek take out on…
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…River. * If you've floated down the Main Salmon River you've seen Campbell's Ferry on the river maps, and you may have stopped for a visit. * The book reveals the history of Campbell's Ferry and the true story behind its most famous resident, Frances Zaunmiller. * It also covers the history of the…
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…guidebook for your trip down Arizona's Salt River. Durable and waterproof, with USGS maps and excellent descriptions of river features. * This book covers the entire permitted portions from the put-in at Highway 60 through the South Gleason River Access to the take-out at Highway 288 on the…
This book compiles information on oar and paddle techniques; equipment and accessories; hydrology and river reading; safety and rescue; camping and cookery; maintenance and repair; guidebooks and resources; where the jobs are; history; whitewater photography; and much, much more. Author: Jeff…
Intl: +001.208.882.6704
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NRS | 2009 S. Main St. Moscow, ID 83843 | 877.677.4327 | firstname.lastname@example.com | © 2016 All Rights Reserved.


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Croydex Mod Floral PEVA Shower Curtain
One of the quickest ways of giving your bathroom an instant facelift is to replace the shower curtain, and this floral PEVA shower curtain is bright, cheerful and fun. Made from high quality PEVA, it has been designed to be completely waterproof and also very easy to clean; it just needs a quick wipe over with your regular cleaning products. The curtain measures 1800mm by 1800mm so is plenty big enough for most bathroom showers.
Easy to Install
Putting this shower curtain up is a two minute job as it has eyelets punched in the top of the curtain to allow you just to slide it straight onto the curtain pole. Unlike many other shower curtains which are hard and inflexible, this is a soft touch shower curtain which will add a bit of luxury to any bathroom. If you are ready to go further in your bathroom makeover, don't forget to take a look at the rest of our range of bathroom accessories.
|Manufacturer Part Number
|Boxed Weight
£12.95 (Inc. VAT)
RRP £28.54 Save 54%
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£12.95 (Inc. VAT)
RRP £28.54 Save 54%
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Price Guaranteed For


text:
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- We make it a doddle to book campsites, glamping sites and caravan parks throughout the UK, Europe and the Americas.
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Oldcastle, Co. Meath, Republic of Ireland Show on mapLast booked
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|From £16.79/€20/A$28.35/US$21.12/CA$27.83/CHF21.50/kr194.60/kr149.41/kr179.61/kr2,332/$341.34/$13,995/PEN72.39/NZ$29.62/R292.07/zł89.23/R$71.43/Kč541.74/RSD2,470 per night


text:
izzybella's review of GHD Fat Hair Lotion For All-Over Volume [DISCONTINUED]
10 reviews
50% would repurchase
Package Quality: 3.9
Price: $$$
Package Quality: 3.9
Price: $$$
Age: 25-29
Skin: Other, Other, Warm
Hair: Other, Other, Other
Eyes: Other
This is pretty good for fattening up fine volume-less hair like my own. I apply this all over and blow dry, and then flat iron. My hair feels thicker and silkier. I don't like the scent though - it smells like a drugstore lotion or a fragrance a "mature" woman would wear. Fortunately the smell goes away upon drying. If it were unscented I'd give it the 5.
I've only used this several times, so I will update with any developments. So far I like the results though! continued >>
Read all 10 reviews of Fat Hair Lotion For All-Over Volume [DISCONTINUED]
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text: Well as far as i can see it is Unique. Okay, sorry if this isn't a unique problem. I did search the forums and google but i'm not entirely sure how to word it correctly. The Problem So i downloaded iDaft officially from the App Store, Please Register or Log in to view images I was messing around with it and suddenly it crashed, i had to power off my iPod. When i powered back on i decided to delete the app, for obvious reasons. I held the icon, no option to delete ¬¬. No option to delete any of my Apps. I am jailbroken and have Cydelete installed, which also isn't working. Anyway Heres a screenshot to show you, Please Register or Log in to view images Again sorry if it is posted already, i didn't really know how to word my search. Also i'd appreciate no, "Google is your Friend". I have tried it and got nothing. Thanks David


text:
Slide to see the images
Hi my name is Ophelia! I'm a beautiful young lady of 3 years and I'm looking for a forever family! I'm a sweet girl who gets along well with other cats. I don't really care for those pesky dogs though so a home with out them might suit me best. I'm an affectionate and often talkative girl who can't wait to find a new home! Stop by and visit me soon! Oh and I'm even a polydactyl which makes me even more adorable!
***October 22nd is Empty the Shelters Day***
We are happy to announce our participation in Bissell Pet Foundation's, Empty the Shelters Day on Saturday October 22nd!
On October 22nd the adoption fee of all spayed/neutered cats and dogs will be waived!
We are currently accepting applications for preapproval for that day. Animals cannot be placed on hold for this event so if you are interested in a specific animal we encourage you to adopt them at our normal adoption fee before that day. Adoptions will be based on a first come first serve basis with an approved application on the day of the event.
Our adoption applications can be found on our website mashelter.org. If you have any questions please email us at firstname.lastname@example.com!


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Discussion in 'Music, Movies, TV, and Videos' started by murphmanny, Jun 7, 2010.
ya, well:
ya'll think??
Say what?
say ya
where at?
Dude, This dosent help anyone.
Recovery, Eminems new album!
Did ths 320kbps leak yet?
I hate sh*tty quality
it leaked? where? when? Link? Gimme.
what do u mean it doens't help anyone? i can't post links, but u are now aware...
and nah dawg, just the 128kbps
did it leak on klive first?
Just got home and checked the recovery thread on klive and it went from 180 pages to 300 lol. so i knew it had leaked
Separate names with a comma.


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Greenergy - Energizing green drink and green powde
Guide price: $35
Last updated on 28th Apr 2010
Greenergy - Energizing green drink and green powde
Get Greenergy, the 100% All-Natural,Great-Tasting Green Drink Superfood - a potent green powder and herbal food blend - and get 5 servings of rich vegetables, nutrients, and minerals - in ONE small scoop.
Login or Register to add this to your wish list or favourites.
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green coffee slim
Porém, com a vida moderna e as inúmeras ocupações do dia a dia, a maioria não pode se dar ao luxo de dedicar tanta atenção, tempo e paciência para conseguir o corpo desejado.
Neon Green Half Sleeve T-Shirt
If you are looking for a smart and cool well tailored look, then go for this simple plain tee from the fitness apparel brand of Alanic.
Wenzelite Otter Pediatric Bathing System, Green,
Buy online Latest Wenzelite Otter Pediatric Bathing System, Green, Medium on slickmedicalequipment.com
Rootalive Moringa Vanilla Almond Powder
100g Pouch Moringa leaves are considered a nutritional powerhouse as they contain most of the vitamins found in fruits and vegetables. They are also a natural source of antioxidants, anti-inflammatories and essential amino acids.
User comments
28th April 2010 @ 06:08


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Annual Sale Monday, Nov. 28th through Saturday Dec. 10th
As we enter this Christmas Season we want you to know that we appreciate all of our friends from over the years, and to show that appreciation we will be having a 40% off sale on all USED items in the store. We have curriculum, readers, music CDs, DVDs, puzzles, workbooks, science kits and MORE! We hope to see you or hear from you in the next two weeks. we will be waiting to help you.
Have books and educational items you will no longer be using? Now is the time to pack them up and bring or send them to our store so that we can sell them for you. Clean out the items you no longer need and make money to buy the things you do need. Read all about how it works on our Consignment page.
- Are you new to homeschooling? You're in the right place.
- Are you a seasoned homeschooler? You're also in the right place.
- Are you on a tight budget? We have what you need, too!
- Are you a teacher looking for books for your classroom?
- Are you a parent wanting to supplement your child's education or buy duplicate textbooks for home so they don't have to carry heavy books back and forth? We can help with that, too.
We want you to feel comfortable whether you're in our store or meeting us online.
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Community Status Updates
Gutted @CUBEGallery has an opening for an intern for the next 3 months, but the 3 months is now why im still studying.Jan 05 2012 03:29 PM
Obviously by 'earlier this year' I mean 'last year', Stupid new year.Jan 05 2012 03:29 PM
Maximus Decimus
"People are starting to call you names, I've heard them call you doubting Thomas." "I find that very hard to believe."Jan 05 2012 03:29 PM
james cunny
Hunslet Hawks RLFC have today released Loz Wildbore with immediate effect due to work (cont) http://t.co/9fMVdXQOJan 05 2012 03:29 PM
GOLDLINE Daily Prize Draw, Week Comm: Mon Dec 26th & Monday Jan 2nd 2012 http://t.co/rUUHJYGFJan 05 2012 01:28 PM
"@beckytLCFC: is it weird that I can do this? #hideousphotobutkoolface http://t.co/mldNoFjQ". Can't everyone do that?? I can!Jan 05 2012 01:27 PM
Mornin twitter!!! Got some reading to do today boooo. Family meal on sunday :) then off back to #Carlisle on monday!!Jan 05 2012 12:26 PM
I don't recognise the whitey in #whitepeopleblues. Does this mean I'm not actually white? #gingersaredifferentJan 05 2012 12:26 PM
Gav Wilson
This fella on @ITVThisMorning is clearly the #ArchbishopOfBanterbury...Jan 05 2012 12:26 PM
Gav Wilson
What is it with #ThisMorning's mild obsession with Barry Manilow? He's on it every bloody week...Jan 05 2012 11:25 AM
fillipo del toro
Slept @ GFs.... Not sure she has windows anymore? The curtains got blown off the rails.. Whats with this hurricane weather? #livinginSaFla?Jan 05 2012 09:24 AM
111.7kg this morning. That's 1.1kg less than yesterday! I'll be 93kg in no time!Jan 05 2012 07:22 AM