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1) Dakota, Jordan and Logan took title to a property as joint tenants. Dakota sold her share to Payton and then Jordan died. Who owns the property now?

1. Logan owns 2/3 and Payton owns 1/3 as tenants in common
2. B. Logan, Payton and Jordan's heirs own the property 1/3 each as joint tenants
3. C. Logan owns 2/3 and Payton owns 1/3 as joint tenants
4. D. Logan, Payton and Jordan's heirs own the property 1/3 each as tenants in common

Answers are locked. Please click here to buy them. 2) A broker who knowingly makes a statement he or she knows is false at the time, or who fails to disclose material facts, is guilty of:

1. innocent misrepresentation
2. B. negligent misrepresentation
3. C. fraudulent misrepresentation
4. D. all of the above

Answers are locked. Please click here to buy them. 3) An agreement that is made either verbally or in writing is known as a(n):

1. press contract
2. B. mutual consent
3. C. implied contract
4. D. all of the above

Answers are locked. Please click here to buy them. 4) A judgment is best described as a(n):

1. voluntary lien
2. B. general lien
3. C. specific lien
4. D. attachment lien

Answers are locked. Please click here to buy them. 5) Time, title, interest and possession are the four essential unites of a:

1. Tenancy in common
2. B. Joint tenancy
3. C. Partnership
4. D. Corporation

Answers are locked. Please click here to buy them. 6) Compensation made by the payment of money or the return of property, thus clearing a lien from the record, is known as:

1. stract of title
2. B. satisfaction of judgement
3. C. judgment compensation
4. D. dismissal of attachment

Answers are locked. Please click here to buy them. 7) If Bob places improvements and permanent fixtures on property that he does not own, Bob has created a(n):

1. verse possession
2. B. encroachment
3. C. avulsion
4. D. hostile occupancy

Answers are locked. Please click here to buy them. 8) A notice of a pending lawsuit that clouds title is called a(n):

1. lis pendens
2. B. writ of execution
3. C. injunction
4. D. non of the above

Answers are locked. Please click here to buy them. 9) Appurtenant means the ownership of the item:

1. is personal
2. B. is movable
3. C. is a crop
4. D. runs with the land

Answers are locked. Please click here to buy them. 10) An encumbrance:

1. Burdens the property
2. B. Is always a lien
3. C. Cannot affect the physical use of a property
4. D. All of the above

Answers are locked. Please click here to buy them. 11) A salesperson employed by a listing broker is an agent of:

1. the buyer
2. B. the owner/seller
3. C. the lender
4. D. the courts

Answers are locked. Please click here to buy them. 12) Of the following, which is not one of the five general test for a fixture?

1. Method of attachment
2. B. Time of attachment
3. C. Adaptability of the item
4. D. Intention of the parties

Answers are locked. Please click here to buy them. 13) A real estate auction where the property must be sold to the highest bidder, no matter how low the final bid, is called a(n):

1. no-sale auction
2. B. illusory auction
3. C. bidders market auction
4. D. absolute auction

Answers are locked. Please click here to buy them. 14) The rights and interests a person has in a thing owned is:

1. Wealth
2. B. Property
3. C. Debt
4. D. None of the above

Answers are locked. Please click here to buy them. 15) Of the following, which is NOT true of a grant deed?

1. It is used primarily to clear a "cloud on title" from the records
2. B. It warranties that the owner has not conveyed title to any other person
3. C. It warranties that the property being conveyed is free from any undisclosed encumbrances
4. D. It conveys any "after-acquired" title

Answers are locked. Please click here to buy them. 16) Which type of will, unless signed with an "X", requires NO witnesses?

1. Living trust
2. B. Statutory
3. C. Holographic
4. D. All of the above

Answers are locked. Please click here to buy them. 17) A signed written contract takes precedence over oral agreements or prior written agreements based on:

1. the performance rule
2. B. English common law
3. C. the statue of frauds
4. D. the parol evidence rule

Answers are locked. Please click here to buy them. 18) Through the process of escheat, the deceased's property passes to:

1. His or her heirs
2. B. His or her creditors
3. C. The state
4. D. The local county.

Answers are locked. Please click here to buy them. 19) In a Transfer Disclosure Statement, both the buyer's and seller's brokers must conduct what type of property inspection?

1. Reasonably competent
2. B. Diligent
3. C. Visual
4. D. All of the above

Answers are locked. Please click here to buy them. 20) Which of the following is considered personal property?

1. An easement
2. B. Mineral rights
3. C. Trees growing in a forest
4. D. An existing mortgage

Answers are locked. Please click here to buy them. 21) Listing broker A negotiates the sale of C's property with the cooperation of broker B. The brokers agree to a 50/50 split of the $10,000 commission. each broker has a salesperson who will receive 25% of their broker's commission. How much will each salesperson receive?

1. $5,000
2. B. $2,500
3. C. $2,250
4. D. $1,250

Answers are locked. Please click here to buy them. 22) In a real estate transaction, the grantor is the:

1. Buyer
2. B. Seller
3. C. Renter
4. D. Lender

Answers are locked. Please click here to buy them. 23) A Transfer Disclosure Statement is required for the sale of:

1. y commercial property
2. B. any residential property
3. C. residential property consisting of 1-to-4 units
4. D. multi-unit commercial property only

Answers are locked. Please click here to buy them. 24) Which of the following is NOT a method of creating real property ?

1. Bolt it down
2. B. Cement it down
3. C. Plug it in
4. D. Nail it down

Answers are locked. Please click here to buy them. 25) A written instrument that conveys and evidences title is called a(n):

1. Will
2. B. Deed
3. C. Transfer
4. D. Implied warranty

Answers are locked. Please click here to buy them. 26) Which of the following is considered personal property?

1. Mineral rights
2. B. Leasehold estates
3. C. All improvements to land
4. D. Trees growing in a natural forest

Answers are locked. Please click here to buy them. 27) In order to receive a commission, the broker must find a buyer who is:

1. ready
2. B. willing
3. C. able
4. D. all of the above

Answers are locked. Please click here to buy them. 28) A voluntary lien placed over more than one parcel is known as a(n):

1. l-inclusive encumbrance
2. B. subdivision encumbrance
3. C. blanket encumbrance
4. D. Multi-parcel encumbrance

Answers are locked. Please click here to buy them. 29) Local improvements, like street lights and sewers, are paid for by property owners through:

1. tax liens
2. B. Injunctions
3. C. special assessments
4. D. All of the above

Answers are locked. Please click here to buy them. 30) The term "company dollar" refers to the company:

1. vertising budget
2. B. money required to run an office
3. C. income after paying salespersons' commissions
4. D. income before paying salespersons' commissions

Answers are locked. Please click here to buy them. 31) Which of the following statements is FALSE?

1. A trust deed is an instrument used to transfer personal property
2. B. A gifted is an instrument granting a gift out of love and affection
3. C. A tax deed is the deed given to the buyer when a property is sold for past-due property taxes
4. D. A sheriff's deed is the deed given to the purchaser at a court required sale

Answers are locked. Please click here to buy them. 32) Easements are always:

1. Non-money encumbrances
2. B. Encroachments
3. C. Specific liens
4. D. Estates

Answers are locked. Please click here to buy them. 33) Real property is best described as:

1. Moveable
2. B. Anything of value
3. C. Things we own
4. D. Immovable

Answers are locked. Please click here to buy them. 34) An uncle left his nephew 2/3 interest and left his nephew's wife 1/3 interest in real property jointly and without the right of survivorship. They will assume title to an estate that is classified as:

1. Community property
2. B. Joint tenancy
3. C. Tenancy in common
4. D. Partnership

Answers are locked. Please click here to buy them. 35) A licensee is required to tell the parties involved whom he or she represents:

1. soon as possible
2. B. after the loan is funded
3. C. after the escrow instructions are filed
4. D. after the offer has been accepted

Answers are locked. Please click here to buy them. 36) The United States Government Survey System has to do with:

1. Metes and bounds
2. B. Zoning, taxing, polling
3. C. Sections and townships
4. D. Lots, blocks and tracts

Answers are locked. Please click here to buy them. 37) A Utility company obtains an easement in gross to run power lines over your property. As a result, your property would become a:

1. Dominant tenement.
2. B. Servient tenement.
3. C. Tenement appurtenant
4. D. None of the above.

Answers are locked. Please click here to buy them. 38) Which system may be used for legal description purposes?

1. U.S. Government survey
2. B. Metes and bounds
3. C. Lot, block and tract
4. D. All of the above

Answers are locked. Please click here to buy them. 39) Someone using another person's land continuously, without paying any property taxes, might qualify to obtain an easement, or legal right to use the land, according to:

1. Accession
2. B. Prescription.
3. C. Adverse possession
4. D. Murphy's Law

Answers are locked. Please click here to buy them. 40) Personal property that is permanently affixed to real property is called:

1. Appurtenant
2. B. Encroaching
3. C. Trespassing
4. D. A fixture

Answers are locked. Please click here to buy them. 41) A township contains:

1. One square mile
2. B. Six square miles
3. C. 36 square miles
4. D. 106 square miles

Answers are locked. Please click here to buy them. 42) A farm 6 miles square has how many townships?

1. 1
2. B. 6
3. C. 36
4. D. 72

Answers are locked. Please click here to buy them. 43) A copy of the listing agreement must be given to the signing party:

1. within 3 days of being signed
2. B. at the discretion of the listing broker
3. C. before the escrow is opened
4. D. immediately after it is signed

Answers are locked. Please click here to buy them. 44) Approximately how many acres are there in a lot 1/2 mile by 1/2 mile?

1. 80
2. B. 160
3. C. 320
4. D. 5,280

Answers are locked. Please click here to buy them. 45) An agreement for the sale of community real property made by one spouse only is considered:

1. Valid
2. B. Illegal
3. C. Enforceable
4. D. Unenforceable

Answers are locked. Please click here to buy them. 46) A remedy for breach can be:

1. nilateral rescission
2. B. an action for damages
3. C. an acceptance of breach
4. D. all of the above

Answers are locked. Please click here to buy them. 47) Consideration can be best described as:

1. money paid in a contract
2. B. good will
3. C. anything of value
4. D. not necessary in a valid contract

Answers are locked. Please click here to buy them. 48) With the exception of the mortgage disclosure form, which must be kept longer, transaction files of all the important broker and salesperson documents concerning a property must be kept for how long?

1. One year
2. B. Two years
3. C. Three years
4. D. There is no time requirement

Answers are locked. Please click here to buy them. 49) A special power of attorney allows the authorized person to:

1. transact all of the principal's business
2. B. transact one specific act (sell your house)
3. C. maintain a trust account for the principal
4. D. none of the above

Answers are locked. Please click here to buy them. 50) A deed does not take effect until it is:

1. Signed
2. B. Delivered and accepted
3. C. Notorized
4. D. All of the above

Answers are locked. Please click here to buy them. 51) Which of the following restrictions is illegal and unenforceable?

1. Building size
2. B. Zoning
3. C. Rent control
4. D. Race

Answers are locked. Please click here to buy them. 52) In a technical sense, the term property refers to:

1. Rights or interest in the thing owned
2. B. A freehold estate
3. C. Personal property only
4. D. Land and buildings only

Answers are locked. Please click here to buy them. 53) Which of the following is the smallest?

1. Two sections
2. B. Ten percent of a township
3. C. 4 square miles
4. D. 4 miles squared

Answers are locked. Please click here to buy them. 54) Once recorded, a judgment is good for:

1. ears
2. B. 5 years
3. C. 10 years
4. D. 15 years

Answers are locked. Please click here to buy them. 55) With a life estate, the ownership interest is limited to the:

1. Economic life of the property
2. B. Life of the grantor.
3. C. Life of any designated person or persons.
4. D. Any of the above.

Answers are locked. Please click here to buy them. 56) When an existing contract is replaced with an entirely new contract, it is called:

1. recission
2. B. assignment
3. C. novation
4. D. subordination

Answers are locked. Please click here to buy them. 57) The words "time, title, interest, and possession" are most likely related to which of the following concepts?

1. Severalty
2. B. Survivorship
3. C. Sole ownership
4. D. Adverse possession

Answers are locked. Please click here to buy them. 58) Which of the following is an encumbrance that affects the physical use of real property?

1. An easement
2. B. A building restriction
3. C. An encroachment
4. D. All of the above

Answers are locked. Please click here to buy them. 59) In what type of listing is the broker competing with the owner?

1. Net listing
2. B. Exclusive right to sell listing
3. C. Open listing
4. D. Exclusive agency listing

Answers are locked. Please click here to buy them. 60) Which of the following is NOT a remedy for breach of contract?

1. Unilateral rescission
2. B. Specific performance
3. C. Action for dollar damages
4. D. Substitute performance

Answers are locked. Please click here to buy them. 61) Which of the following is considered apurtenant to land?

1. Something acquired by legal right and used with the land for its benefit
2. B. A right of way over another's adjoining land
3. C. Stock in a mutual water company
4. D. All of the above

Answers are locked. Please click here to buy them. 62) A lien (money owed) on real property makes the property:

1. Leased
2. B. An easement
3. C. Alienated
4. D. Encumbered

Answers are locked. Please click here to buy them. 63) When a real estate salesperson mixes his/her personal funds with the deposit of a client, it's called:

1. mmingling
2. B. commission
3. C. secret profit
4. D. implied

Answers are locked. Please click here to buy them. 64) The best term to describe the relationship between the broker and the principal is:

1. strustful
2. B. fiduciary
3. C. nurturing
4. D. implied

Answers are locked. Please click here to buy them. 65) Which of the following is NOT considered a basic element of any contract?

1. Enforcement
2. B. Mutual consent
3. C. Capacity
4. D. Consideration

Answers are locked. Please click here to buy them. 66) Of the following, which most nearly means the same thing as "rescind"?

1. Arrest
2. B. Reword
3. C. Terminate
4. D. Fulfill

Answers are locked. Please click here to buy them. 67) A "bill of sale" transfers title to:

1. Real property
2. B. Heirs
3. C. Immovable items
4. D. Personal property

Answers are locked. Please click here to buy them. 68) A property owner living on a river bank acquires land due to the shifting of the river. This process is called:

1. Succession
2. B. Accretion
3. C. Encroachment
4. D. None of the above

Answers are locked. Please click here to buy them. 69) The best way to create an agency relationship is:

1. written agreement
2. B. by handshake
3. C. by using the MLS service
4. D. by creating a dual agency

Answers are locked. Please click here to buy them. 70) "Of indefinite duration" is a phrase that describes a(n):

1. Estate for years
2. B. Estate from period to period
3. C. Estate of inheritance
4. D. Less than freehold estate

Answers are locked. Please click here to buy them. 71) The right to use a property for a specific period of time describes a:

1. Life estate
2. B. Less-than-freehold estate
3. C. Freehold estate
4. D. All the above

Answers are locked. Please click here to buy them. 72) What is always true about a counter offer?

1. It is made by the buyer
2. B. It is made by the seller
3. C. It terminates the previous offer
4. D. The previous offer is still valid

Answers are locked. Please click here to buy them. 73) How many sections are in a township?

1. 640
2. B. 36
3. C. 320
4. D. 6

Answers are locked. Please click here to buy them. 74) Ranges are 6-mile increments measured (and described) from the north - south meridian running:

1. East
2. B. East and west
3. C. West
4. D. North and south

Answers are locked. Please click here to buy them. 75) An assignment:

1. is only for personal service
2. B. transfers only liability
3. C. is a new contract
4. D. transfers a person's right in a contract

Answers are locked. Please click here to buy them. 76) A section consists of how many acres?

1. 460
2. B. 320
3. C. 640
4. D. 230

Answers are locked. Please click here to buy them. 77) Which of the following is a document conveying title with NO warranties, expressed or implied?

1. Grant deed
2. B. Quitclaim deed
3. C. Holographic will
4. D. All of the above

Answers are locked. Please click here to buy them. 78) If one of the parties doesn't go through with the contract (nonperformance), it is called a(n):

1. signment
2. B. breach
3. C. consideration
4. D. operation of law

Answers are locked. Please click here to buy them. 79) Any contract that can't be performed within one year from the date of signing:

1. is illegal
2. B. must be in writing
3. C. is a failure to perform
4. D. is an example of duress

Answers are locked. Please click here to buy them. 80) Which of the following real estate terms best describes mortgages and trust deeds?

1. Promissory notes
2. B. Security devices
3. C. Involuntary liens
4. D. General liens

Answers are locked. Please click here to buy them. 81) If Jones conveys to Ford a portion of Jones' fee estate for a term less than his own, Jones' own interest would be classified as a:

1. Remainder
2. B. Reversion
3. C. Vested sufferance
4. D. Fee defeasible

Answers are locked. Please click here to buy them. 82) Which of the following is considered real property?

1. Timber
2. B. Airspace above the land
3. C. Crops under a prior sales contract
4. D. Landfield soil being hauled

Answers are locked. Please click here to buy them. 83) Which of the following is FALSE concerning purchase agreement contracts?

1. They must be accompanied by a deposit of money or other items of value
2. B. When acceptance is communicated to the buyer, it becomes a binding contract
3. C. An agent must give a copy to both buyer and sellers
4. D. Promissory notes and post-dated checks are never acceptable as consideration

Answers are locked. Please click here to buy them. 84) A running stream is considered:

1. Personal property
2. B. Real property
3. C. A fixture
4. D. A chattle

Answers are locked. Please click here to buy them. 85) Which of the following is used to change the original terms of the purchase agreement?

1. Covenant form
2. B. Contingency form
3. C. Counter offer form
4. D. Substitution form

Answers are locked. Please click here to buy them. 86) Which of the following is FALSE concerning options?

1. They can be revoked at any time by the optioner (seller), without penalty
2. B. They have specific terms
3. C. They have specific time periods
4. D. They are granted in exchange for money

Answers are locked. Please click here to buy them. 87) Which of the following statements concerning riparian rights is not correct?

1. A riparian owner may convey any part of his or her land that is not immediately adjacent to the river
2. B. If a riparian owner conveys part of his or her land that is not immediately adjacent to the river, riparian rights are not conveyed with that property
3. C. Riparian rights may not be severed from the property by prescription or condemnation
4. D. The owner of adjacent land may not lawfully divert all available water and thereby deprive a riparian owner of water

Answers are locked. Please click here to buy them. 88) An easement that does NOT specify a special area for a right-of-way is known as a(n):

1. sement in gross
2. B. vague easement
3. C. unlocated easement
4. D. partial easement

Answers are locked. Please click here to buy them. 89) What differentiates an estate for years from an estate from Period-to-Period is that an estate for years:

1. Is a renewable agreement
2. B. Is for a fixed period of time
3. C. Can be terminated at any time
4. S. Is from year-to-year

Answers are locked. Please click here to buy them. 90) Which of the following is FALSE concerning real estate commissions?

1. Commissions are negotiable
2. B. A real estate license is required to receive a commission for conducting a real estate transaction
3. C. A salesperson receives compensation (his or her commission) directly from the principal
4. D. All of the above

Answers are locked. Please click here to buy them. 91) A written notice that should be given within 20 days of supply labor or services, and before filing a mechanic's lien, is known as a:

1. Notice of nonresponsibility
2. Preliminary notice
3. Mechanic's notice
4. Construction notice

Answers are locked. Please click here to buy them. 92) It is often difficult to determine ownership rights of personal property because personal property can:

1. Become real property
2. B. Be hypothecated
3. C. Be alienated
4. D. All of the above

Answers are locked. Please click here to buy them. 93) The term "bill of sale" is most commonly associated with:

1. Real property
2. B. Immovable property
3. C. Personal property
4. D. Deed transfer

Answers are locked. Please click here to buy them. 94) What distinguishes a will from other types of property transfers?

1. It allows for the transfer of more property
2. B. It creates a present interest in property
3. C. It only becomes effective at death
4. D. None of the above.

Answers are locked. Please click here to buy them. 95) Which of the following is a classification of a contract?

1. Valid
2. B. Unenforceable
3. C. Voidable
4. D. All of the above

Answers are locked. Please click here to buy them. 96) Property acquired by a husband and wife during marriage and is split 50/50 is called:

1. Community property
2. B. Joint tenancy property
3. C. Tenancy in common
4. S. All of the above

Answers are locked. Please click here to buy them. 97) Ownership in severalty would most likely involve:

1. A fee simple defeasible estate
2. B. Tenancy in common
3. C. Ownership with other parties
4. D. Sole ownership

Answers are locked. Please click here to buy them. 98) Trade fixtures are:

1. Removable
2. B. Forms of business furniture
3. C. Personal property
4. D. All of the above

Answers are locked. Please click here to buy them. 99) A broker tries to sell a listed property through his or her own company's agents before giving it to an MLS. this is called a:

1. secret profit
2. B. subagency
3. C. multiple deception
4. D. pocket listing

Answers are locked. Please click here to buy them. 100) One acre equals:

1. 43,560 square feet
2. B. 4,840 square yards
3. C. Neither a nor b
4. D. Either a or b

Answers are locked. Please click here to buy them. 101) In California, what is the usual method of forcing someone to sell property to pay off a judgment?

1. Attachment sale
2. B. Sheriff's sale
3. C. Lis pendens sale
4. D. Condemnation sale

Answers are locked. Please click here to buy them. 102) A provision in a contract stating the purchase depends on the buyer qualifying for a loan is called a:

1. loan back-out clause
2. B. covenant
3. C. "subject to" provision or contingency clause
4. D. all of the above

Answers are locked. Please click here to buy them. 103) Grantor C conveys a large house and land to his daughter and son-in-law to be theirs as long as they are married. One year later their divorced. What happens to the property?

1. The daughter acquires it
2. B. The son-in-law acquires it
3. C. It reverts back to C
4. D. The couple must sell it

Answers are locked. Please click here to buy them. 104) Which of the following is not a lien?

1. Trust deeds
2. B. Mechanic's lien
3. C. Easements
4. D. Taxes and special assessments

Answers are locked. Please click here to buy them. 105) When you authorize a broker to have acted for you after he or she has already done so, it's known as:

1. toppel
2. B. confirmation
3. C. ratification
4. D. all of the above

Answers are locked. Please click here to buy them. 106) Concerning real property, a joint tenancy interest and a community property interest are alike in which of the following ways?

1. Ownership interests are equal
2. B. Only a husband and wife are involved
3. C. Both owners must join in any conveyance
4. D. Both provide the right of survivorship

Answers are locked. Please click here to buy them. 107) Which of the following is a less than freehold estate?

1. Life estate
2. B. Estate of inheritance
3. C. Estate for years
4. D. Estate in remainder

Answers are locked. Please click here to buy them. 108) In order for a broker to collect a commission, without going to court, a listing agreement:

1. must be recorded
2. B. must be notarized
3. C. must be in writing
4. D. must have an expiration date

Answers are locked. Please click here to buy them. 109) Emblements are usually:

1. owing crops
2. B. Cultivating annually
3. C. On leased land by tenant Farmers
4. D. All of the above

Answers are locked. Please click here to buy them. 110) If a contract is said to be "executory," it:

1. is court ordered
2. B. has not yet been performed
3. C. has been discharged or performed
4. D. has not yet been signed

Answers are locked. Please click here to buy them. 111) What type of ownership has definite rights of survivorship?

1. Joint tenancy
2. B. Tenancy in common
3. C. Severalty
4. D. All of the above

Answers are locked. Please click here to buy them. 112) When determining the starting time for a mechanic's lien, it is in important to know when the work began, known as the:

1. start-stop period
2. B. scheme of improvements
3. C. waiting period
4. D. period of improvement

Answers are locked. Please click here to buy them. 113) Which of the folding is not a test to determine whether an own is a fixture?

1. Relationship of the parties
2. B. Method of attachment
3. C. Value of the item
4. D. Intent of the parties

Answers are locked. Please click here to buy them. 114) A written contract between two parties is:

1. press and unilateral
2. B. implied and bilateral
3. C. express and bilateral
4. D. implied and unilateral

Answers are locked. Please click here to buy them. 115) A woman CANNOT received title to real property by:

1. A gift deed
2. B. A patent
3. C. Adverse possession
4. D. Escheat

Answers are locked. Please click here to buy them. 116) Which of the following is considered real property?

1. A bearing wall in a single family residence
2. B. A maturing grape crop that will be harvested later and is governed by a sales contract
3. C. Trade fixtures installed by tenant that are removable without damage
4. D. A built-in refrigerator and a mobile home that is not attached to a permanent foundation

Answers are locked. Please click here to buy them. 117) In California a notice to vacate an "estate at will" (rental agreement) requires how many days notice?

1. 15
2. B. 1
3. C. 29
4. D. 30

Answers are locked. Please click here to buy them. 118) The current award for liquidated damages on a purchase agreement form is a maximum of:

1. 3% of the home purchase price
2. B. 13% of the home purchase price
3. C. 33% of the home purchase price
4. D. 133% of the home purchase price

Answers are locked. Please click here to buy them.

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