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<br>Do you own land, possibly with dilapidated residential or commercial property on it? One way to extract worth from the land is to sign a ground lease. This will allow you to earn income and potentially capital gains. In this article, we'll check out,<br>[bit.ly](http://bit.ly/Small-Indian-Homes-Interior) |
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<br>- What is a Ground Lease? |
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- How to Structure Them |
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- Examples of Ground Leases |
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- Benefits and drawbacks |
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- Commercial Lease Calculator |
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- How Assets America Can Help |
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- Frequently Asked Questions<br>[bit.ly](http://bit.ly/Small-Indian-Homes-Interior) |
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<br>What is a Ground Lease?<br> |
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<br>In a ground lease (GL), an occupant establishes a piece of land throughout the lease duration. Once the lease expires, the occupant turns over the residential or commercial property improvements to the owner, unless there is an exception.<br> |
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<br>Importantly, the occupant is accountable for paying all residential or commercial property taxes during the lease duration. The acquired enhancements enable the owner to offer the residential or commercial property for more money, if so [desired](https://novavistaholdings.com).<br> |
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<br>Common Features<br> |
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<br>Typically, a ground lease lasts from 35 to 99 years. Normally, the lessee takes a lease on some raw or ready land and constructs a structure on it. Sometimes, the land has a structure already on it that the lessee should demolish.<br> |
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<br>The GL defines who owns the land and the improvements, i.e., residential or commercial property that the lessee constructs. Typically, the lessee and depreciates the improvements throughout the lease period. That control goes back to the owner/lessor upon the expiration of the lease.<br> |
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<br>Obtain Financing<br> |
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<br>Ground Lease Subordination<br> |
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<br>One crucial aspect of a ground lease is how the lessee will finance improvements to the land. An essential arrangement is whether the proprietor will accept subordinate his concern on claims if the [lessee defaults](https://bauerwohnen.com) on its debt.<br> |
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<br>That's specifically what occurs in a subordinated ground lease. Thus, the residential or commercial property deed becomes security for the loan provider if the lessee defaults. In return, the property manager requests for higher rent on the residential or commercial property.<br> |
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<br>Alternatively, an unsubordinated ground lease maintains the property owner's leading priority claims if the leaseholder defaults on his payments. However this might prevent loan providers, who would not be able to occupy in case of default. Accordingly, the property owner will typically charge lower lease on unsubordinated ground leases.<br> |
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<br>How to Structure a Ground Lease<br> |
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<br>A ground lease is more complex than routine commercial leases. Here are some elements that enter into structuring a ground lease:<br> |
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<br>1. Term<br> |
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<br>The lease should be sufficiently long to allow the lessee to amortize the cost of the improvements it makes. Simply put, the lessee needs to make adequate profits during the lease to pay for the lease and the improvements. Furthermore, the lessee needs to make an affordable return on its financial investment after paying all expenses.<br> |
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<br>The greatest motorist of the lease term is the financing that the lessee arranges. Normally, the lessee will desire a term that is 5 to 10 years longer than the loan amortization schedule.<br> |
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<br>On a 30-year mortgage, that implies a lease term of a minimum of 35 to 40 years. However, quick food ground leases with [shorter amortization](https://michiganhorseproperty.com) durations might have a 20-year lease term.<br> |
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<br>2. Rights and Responsibilities<br> |
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<br>Beyond the arrangements for paying rent, a ground lease has numerous special features.<br> |
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<br>For instance, when the lease expires, what will happen to the improvements? The lease will specify whether they go back to the lessor or the lessee must eliminate them.<br> |
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<br>Another [function](https://fortressrealtycr.com) is for the lessor to assist the lessee in obtaining necessary licenses, licenses and zoning variances.<br> |
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<br>3. Financeability<br> |
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<br>The lending institution must have option to safeguard its loan if the lessee defaults. This is tough in an unsubordinated ground lease since the lessor has initially priority in the case of default. The lending institution only can declare the leasehold.<br> |
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<br>However, one solution is a stipulation that needs the successor lessee to utilize the loan provider to finance the brand-new GL. The topic of financeability is intricate and your legal experts will require to wade through the numerous complexities.<br> |
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<br>Remember that Assets America can help finance the construction or remodelling of industrial residential or commercial property through our [network](https://listin.my) of personal financiers and banks.<br> |
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<br>4. Title Insurance<br> |
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<br>The lessee must arrange title insurance coverage for its leasehold. This requires special endorsements to the routine owner's policy.<br> |
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<br>5. Use Provision<br> |
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<br>Lenders want the broadest use arrangement in the lease. Basically, the arrangement would permit any legal purpose for the residential or commercial property. In this method, the lending institution can more easily sell the leasehold in case of default.<br> |
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<br>The lessor may have the right to authorization in any new purpose for the residential or commercial property. However, the loan provider will seek to restrict this right. If the lessor feels strongly about restricting specific uses for the residential or [commercial](https://sinva.vn) property, it needs to specify them in the lease.<br> |
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<br>6. Casualty and Condemnation<br> |
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<br>The lender controls insurance profits coming from casualty and condemnation. However, this might contrast with the basic phrasing of a ground lease, which gives some control to the lessor.<br> |
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<br>Unsurprisingly, lending institutions want the insurance proceeds to go toward the loan, not residential or commercial property remediation. Lenders likewise require that neither lessors nor lessees can terminate ground leases due to a casualty without their consent.<br> |
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<br>Regarding condemnation, lending institutions firmly insist upon taking part in the procedures. The lender's requirements for using the condemnation earnings and managing termination rights mirror those for casualty occasions.<br> |
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<br>7. Leasehold Mortgages<br> |
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<br>These are mortgages funding the lessee's improvements to the ground lease residential or commercial property. Typically, loan providers balk at lessor's keeping an unsubordinated position with respect to default.<br> |
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<br>If there is a pre-existing mortgage, the mortgagee must consent to an SNDA arrangement. Usually, the GL lender wants first concern regarding subtenant defaults.<br> |
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<br>Moreover, lenders need that the ground lease stays in force if the lessee defaults. If the lessor sends a notification of default to the lessee, the loan provider needs to [receive](https://inmobiliariasantander.com.mx) a copy.<br> |
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<br>Lessees desire the right to obtain a leasehold mortgage without the loan provider's permission. Lenders want the GL to work as collateral needs to the lessee default.<br> |
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<br>Upon foreclosure of the residential or commercial property, the [lending institution](https://estatedynamicltd.com) gets the lessee's leasehold interest in the residential or commercial property. [Lessors](https://hvm-properties.com) may want to limit the kind of entity that can hold a leasehold mortgage.<br> |
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<br>8. Rent Escalation<br> |
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<br>Lessors want the right to increase leas after defined periods so that it preserves market-level rents. A "cog" increase provides the lessee no security in the face of a financial downturn.<br> |
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<br>Ground Lease Example<br> |
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<br>As an example of a ground lease, think about one signed for a Starbucks drive-through shipping container store in Portland.<br> |
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<br>Starbucks' idea is to offer decommissioned shipping containers as an eco-friendly option to [standard construction](https://tsiligirisrealestate.gr). The first store opened in Seattle, followed by Kansas City, Denver, Chicago, and one in Portland, OR.<br> |
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<br>It was a rather unusual ground lease, in that it was a 10-year triple-net ground lease with four 5[-year alternatives](https://leasingangels.net) to extend.<br> |
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<br>This offers the GL an optimal term of thirty years. The rent escalation clause offered a 10% lease boost every five years. The lease value was simply under $1 million with a cap rate of 5.21%.<br> |
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<br>The preliminary lease terms, on an annual basis, were:<br> |
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<br>- 09/01/2014 - 08/31/2019 @ $52,000. |
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- 09/01/2019 - 08/31/2024 @ $57,200. |
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- 09/01/2024 - 08/31/2029 @ $62,920. |
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- 09/01/2029 - 08/31/2034 @ $69,212. |
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- 09/01/2034 - 08/31/2039 @ $76,133. |
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- 09/01/2039 - 08/31/2044 @ $83,747<br> |
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<br>Ground Lease Pros & Cons<br> |
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<br>Ground leases have their benefits and drawbacks.<br> |
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<br>The advantages of a ground lease include:<br> |
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<br>Affordability: Ground leases allow tenants to build on residential or commercial property that they can't manage to purchase. Large chain shops like Starbucks and Whole Foods use ground leases to broaden their empires. This enables them to grow without saddling the business with excessive financial obligation. |
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No Deposit: Lessees do not have to put any money down to take a lease. This stands in stark contrast to residential or commercial property purchasing, which might need as much as 40% down. The lessee gets to save money it can deploy elsewhere. It likewise improves its return on the leasehold investment. |
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Income: The lessor gets a stable stream of earnings while retaining ownership of the land. The lessor keeps the worth of the earnings through the usage of an escalation clause in the lease. This entitles the lessor to increase rents regularly. Failure to pay rent offers the lessor the right to force out the renter.<br> |
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<br>The drawbacks of a ground lease consist of:<br> |
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<br>Foreclosure: In a subordinated ground lease, the owner risks of losing its residential or commercial property if the lessee defaults. |
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Taxes: Had the owner simply sold the land, it would have qualified for capital gains treatment. Instead, it will pay common business rates on its lease earnings. |
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Control: Without the needed lease language, the owner might lose control over the land's advancement and usage. |
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Borrowing: Typically, ground leases forbid the lessor from obtaining versus its equity in the land during the ground lease term.<br> |
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<br>Ground Lease Calculator<br> |
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<br>This is a terrific commercial lease [calculator](https://jrfrealty.com). You go into the area, rental rate, and representative's cost. It does the rest.<br> |
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<br>How Assets America Can Help<br> |
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<br>Assets America ® will arrange financing for commercial projects beginning at $20 million, without any upper limitation. We welcome you to contact us for additional information about our total financial services.<br> |
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<br>We can assist finance the purchase, building, or restoration of business residential or commercial property through our network of personal investors and banks. For the best in [commercial genuine](https://acerealty.com.my) estate financing, Assets America ® is the smart option.<br> |
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<br>- What are the various kinds of leases?<br> |
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<br>They are gross leases, modified gross leases, single net leases, double net leases and triple net leases. The likewise consist of absolute leases, portion leases, and the [subject](https://cubicbricks.com) of this short article, ground leases. All of these leases offer benefits and downsides to the lessor and lessee.<br> |
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<br>- Who pays residential or commercial property taxes on a ground lease?<br> |
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<br>Typically, ground leases are triple net. That indicates that the lessee pays the residential or commercial property taxes throughout the lease term. Once the lease ends, the lessor becomes responsible for paying the residential or commercial property taxes.<br> |
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<br>- What happens at the end of a ground lease?<br> |
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<br>The land always goes back to the lessor. Beyond that, there are 2 possibilities for completion of a ground lease. The first is that the lessor seizes all improvements that the lessee made during the lease. The 2nd is that the lessee should destroy the improvements it made.<br> |
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<br>- For how long do ground leases usually last?<br> |
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<br>Typically, a ground lease term encompasses at lease 5 to ten years beyond the leasehold mortgage. For example, if the lessee takes a 30-year mortgage on its enhancements, the lease term will run for a minimum of 35 to 40 years. Some ground leases extend as far as 99 years.<br> |
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[remarketreports.com](http://www.remarketreports.com/)<br>Ground leases are a kind of long-term lease agreement in which a property manager can rent their residential or commercial property to an occupant who will make improvements to the land. Ground leases prevail among business leases because they enable [organizations](https://michiganhorseproperty.com) to operate on expensive real estate residential or commercial property that they can't afford to buy out right. In turn, property managers can take advantage of enhancements to the land and tenants can save cash on property expenses.<br> |
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<br>A ground lease is a kind of long-term lease arrangement that enables an occupant to build-and briefly own-improvements on the leased land. Ground leases are typical in industrial genuine estate and can usually last as much as 20-99 years. During the lease term, the renter typically develops residential or commercial property for company usage. At the end of the term, they'll transfer ownership of the residential or [commercial property](https://blue-shark.ae) to the proprietor.<br> |
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<br>A large franchise might use a ground lease to expand its business into metropolitan areas with high property costs. This would permit them to build a branch in a largely populated area without needing to acquire pricey land upfront.<br> |
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<br>Because the ground lease process typically includes advancement, renters may need to take out loans to cover building and construction and other associated expenses.<br> |
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<br>Two primary kinds of ground lease contracts represent the dangers connected with loans:<br> |
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<br>Subordinated ground leases put the loan lending institution's claims to the residential or commercial property above the property owner's. This develops a higher risk of losing the land if the occupant defaults, however enables the property manager to negotiate higher rent payments with the tenant. In turn, the tenant may have the ability to more quickly secure a loan with better rates of interest. |
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<br>Unsubordinated ground leases give the property manager top priority above the lending institution. This is a more steady and common choice for landlords, however it might make it harder for [tenants](https://www.machinelinker.com) to secure a loan. As a reward, property owners might offer lower lease costs to renters who accept an unsubordinated ground lease. |
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<br> |
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FAQs<br> |
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<br>Who owns the structure in a ground lease?<br> |
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<br>Generally, tenants in a ground lease just pay rent on the land itself and keep ownership of any enhancements they make, such as structures they construct on the residential or commercial property. However, ownership of those improvements transfers to the landlord when the ground lease ends.<br> |
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<br>What happens if you default on a ground lease?<br> |
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<br>That depends upon the context of the lease and which celebration defaults. In a subordinated ground lease, the property manager threats losing ownership of the land if a [renter defaults](https://sikkimclassified.com) on a loan. Conversely, the renter could possibly lose the structure they constructed if the landlord defaults on financial obligations.<br> |
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<br>Who pays residential or commercial property taxes in a ground lease arrangement?<br> |
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<br>While it depends on the lease arrangement, tenants are usually accountable for residential or commercial property taxes, insurance, maintenance, and repairs.<br> |
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<br>What's the difference in between ground leases vs. land leases?<br> |
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<br>Both ground and land leases lease land to a renter. However, ground leases tend to allow renters to develop the land, while a land lease may not.<br> |
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<br>Still have legal concerns?<br> |
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<br>Our network of attorneys can assist. Get limitless 30-minute assessments on brand-new [legal topics](https://leonisinmobiliaria.com) with our legal services strategy.<br> |
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<br>Discover more subjects<br> |
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<br>A<br> |
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<br>- Affidavit |
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<br>- Alimony |
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<br>- Annual Report |
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<br>- Appreciation |
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<br>- Articles of Incorporation |
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<br>- Articles of Organization |
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<br>- Asset Turnover Ratio<br> |
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<br>B<br> |
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<br>- Beneficiary |
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<br>- Proof of purchase |
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<br>- Bookkeeping |
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<br>- Box 12 on W-2 |
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<br>- Breach of Contract |
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<br>- Business License |
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<br>- Entrpreneurs Group (BOG)<br> |
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<br>C<br> |
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<br>- CapEx |
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<br>- Capital |
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<br>- Cease and Desist Letter |
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<br>- Cease and Desist Order |
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<br>- Civil Union |
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<br>- Codicil |
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<br>- Commis |
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<br>- Community Residential Or Commercial Property State |
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<br>- Contested Divorce |
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<br>- Contingent Beneficiary |
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<br>- Copyright Infringement |
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<br>- Corporate Resolution |
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<br>- Covenant Marriage |
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<br>- Current Ratio |
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<br>- Custodial Parent<br> |
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<br>D<br> |
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<br>- DBA |
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<br>- Deed of Trust |
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<br>- Defamation of Character |
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<br>- Depreciation |
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<br>- Disregarded Entity |
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<br>- Dissolution |
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<br>- Domestic Partnership<br> |
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<br>E<br> |
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<br>- EIN Number |
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<br>- EULA |
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<br>- Easement |
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<br>- Estate Sale |
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<br>- Ex Parte |
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<br>- Executor of a Will |
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<br>- Expense Ratio<br> |
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<br>F<br> |
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<br>- FEIN |
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<br>- FIFO Method |
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<br>- FUTA |
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<br>- Fiduciary Duty |
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<br>- Financial Statement |
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<br>- First-Class Postage |
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<br>[- Fixed](https://ladygracebandb.com) [Asset Turnover](https://venturahomestexas.com) |
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<br>- Fixed Cost |
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<br>- Food Runner |
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<br>- Foreign Qualification |
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<br>- Franchise Business |
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<br>- Franchise Tax<br> |
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<br>G<br> |
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<br>- GAAP |
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<br>- Gift Tax |
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<br>- Goodwill |
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<br>- Grantor |
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<br>[- Grantor](https://lewisandcorealty.ca) Trust |
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<br>- Gratuity |
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<br>- Gray Divorce |
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<br>- Gross Lease |
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<br>- Gross Profit |
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<br>- Gross Profit Margin |
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<br>- Gross Profit Ratio |
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<br>- Gross Sales and Net Sales |
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<br>- Ground Lease<br> |
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<br>H<br> |
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<br>- Hold Harmless Agreement |
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<br>- Holographic Will<br> |
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<br>I<br> |
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<br>- Incorporation |
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<br>- Indemnification |
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<br>- Independent Contractor |
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<br>- Informed Delivery |
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<br>- Intellectual Residential or commercial property |
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<br>- Irrevocable Trust<br> |
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<br>J<br> |
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<br>- Joint Custody |
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<br>- Joint Tax Payment |
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<br>- Joint Tenancy<br> |
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<br>K<br> |
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<br>- K- 1<br> |
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<br>L<br> |
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<br>- LLC |
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<br>- LLP |
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<br>- Lady Bird Deed |
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<br>- Landlord |
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<br>- Lawyer |
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<br>- Lease Agreement |
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<br>- Ledgers |
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<br>- Lessee |
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<br>- Lessor |
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<br>- Levy |
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<br>- Liability |
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<br>- Life Estate |
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<br>- Living Trust |
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<br>- Living Will<br> |
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<br>M<br> |
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<br>- MACRS |
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<br>- Mailing Address |
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<br>- Marginal Costs |
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<br>- Medical Power of Attorney |
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<br>- Meeting Minutes |
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<br>- [Miranda](https://blue-shark.ae) Rights<br> |
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<br>N<br> |
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<br>- NDA |
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<br>- Net Asset Value (NAV). |
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<br>- Net Assets. |
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<br>- Earnings. |
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<br>- Net Profit. |
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<br>- Net Revenue. |
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<br>- Net Sales. |
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<br>- No-Fault Divorce. |
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<br>- Noncompete<br> |
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<br>O<br> |
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<br>[- Operating](https://www.villabooking.ru) Agreement. |
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<br>- Operating Capital. |
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<br>- Operating Expenses. |
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<br>- Overhead<br> |
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<br>P<br> |
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<br>- P.O. Box. |
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<br>- PLLC. |
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<br>- PTIN. |
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<br>[- Pass-Through](https://roussepropiedades.cl) Taxation. |
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<br>- Patent Attorney. |
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<br>- Patent Troll. |
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<br>- Per Stirpes. |
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<br>- Pooled Trust. |
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<br>- Postal Code. |
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<br>[- Pour-Over](https://vision-constructors.com) Will. |
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<br>- Power of Attorney. |
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<br>- Prenup. |
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<br>- Primary Beneficiary. |
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<br>- Principal. |
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<br>- Priority Mail. |
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<br>- Probate Attorney. |
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<br>- Probate Court. |
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<br>- Profit. |
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<br>- Profit & Loss. |
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<br>- Promissory Note. |
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<br>- Residential or commercial property Deed. |
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<br>- Public Benefit Corporation. |
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<br>- Purchase Agreement. |
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<br>- Purchase Orders (PO)<br> |
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<br>Q<br> |
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<br>- Quid Pro Quo. |
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<br>- Quitclaim Deed<br> |
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<br>R<br> |
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<br>- Registered Agent. |
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<br>- Residential Address. |
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<br>- Return on Equity (ROE)<br> |
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<br>S<br> |
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<br>- S Corp. |
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<br>- SG&A. |
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<br>- Secretary of State. |
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<br>- Service Mark. |
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<br>- Single-Member LLC. |
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<br>- Slogan. |
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<br>- Sole Proprietorship. |
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<br>- Statute of Limitations. |
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<br>- Statutory Agent. |
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<br>- Straight-Line Depreciation. |
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<br>- Sublease. |
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<br>- Successor Trustee. |
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<br>- Surety Bond. |
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<br>- Sweat Equity<br> |
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<br>T<br> |
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<br>- TOD. |
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<br>- Tenancy in Common. |
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<br>- Testamentary Trust. |
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<br>- Total Asset Turnover. |
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<br>- Brand name. |
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<br>- Trade Secret. |
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<br>- Trademark Search. |
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<br>- Transactions. |
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<br>- Triple Net Lease. |
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<br>- Trustee<br> |
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<br>U<br> |
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<br>- Unilateral Contract. |
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<br>- Unlawful Detainer. |
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<br>- Utility Patent<br> |
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<br>V<br> |
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<br>- Vendors. |
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<br>- Vicarious Liability. |
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<br>- Virtual Mail. |
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<br>- Virtual Office<br> |
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<br>W<br> |
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<br>- Warranty Deed. |
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<br>- Wet Signature. |
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<br>- What is gross profit? |
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<br>- Will<br> |
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<br>X<br> |
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<br>- X-Inefficiency. |
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<br>- XD<br> |
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<br>Y<br> |
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<br> Dog Contract. |
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<br>- Yield<br> |
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<br>Z<br> |
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<br>- Zoning Laws<br>[purchasemarket.com](http://www.purchasemarket.com/) |
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<br>Additional resources<br> |
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<br>- irs.gov. |
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- usa.gov<br> |
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