Friday, November 30, 2012

Creative Ways to Say "Thank You"

Thanksgiving Day comes once a year in the U.S., but every day there are people in our lives who deserve our thanks. Sometimes a simple "Thank you" is appropriate. At other times, it is more thoughtful to be creative in expressing appreciation. It's just good business.

Here are some suggestions for thanking people at work, at home, and in the community.

1. When you say "Thank you" tell the person specifically what it is you appreciate and why you appreciate it. "Thank you for going to the Post Office for me. It saved me a lot of time."

Creative Ways to Say "Thank You"

2. Send an e-mail note. When I sent a thank you note to my staff in the Pentagon, the energy level shot up.

3. Send a hand-written thank you note. These are noteworthy because so few of us take time to write and mail them.

4. Place an unexpected phone call just to say "Thank you." Connecting verbally adds warmth to your appreciation even if you reach voice mail.

5. Present a small certificate. Half-page certificates take up less space if displayed and are as meaningful as full sized certificates. They tend to draw attention because they are different.

6. Give a single flower from your garden, flowerpot, or florist, with a verbal "Thank you" or a note.

7. Put a candy bar or piece of fruit on the desk of the person to be thanked, with or without a note. (Be sure the person is not on vacation!)

8. Bake some cookies. This is especially effective when men bake and present a few cookies in thanksgiving.

9. Say something nice about the recipient of your thanks to someone else when the person you appreciate can overhear you. This is especially powerful in a business setting.

10. For special occasions, present a US flag that has flown over the Capitol. It is a unique, reasonably priced item which few people own. A certificate of authenticity is provided in honor of any special occasion you designate. Call your congressman's office and ask for it. If you don't have a local contact, call 202 224-3121 and ask for your congressman or congresswoman by name. When you reach that person's office, ask to purchase a flag. They'll know what to do!

Creative Ways to Say "Thank You"
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Jo Condrill was a civilian leader at Army Headquarters in the Pentagon, and she led 3,000 Toastmasters to rank #1 in the world. She knows the value of gratitude. Author of "Take Charge of Your Life: Dare to Pursue Your Dreams," "101 Ways to Improve Your Communication Skills Instantly," and "From Book Signing to Best Seller." http://www.goalminds.com/takecharge.html

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Monday, November 26, 2012

What is the Best Exercise For Weight Loss?

It is a common misconception that aerobic exercise tones and firms muscles. Actually it accomplishes very little toning and firming. Resistance exercise (weight training) is where real toning and firming of muscles occurs.

Doing both aerobics and weight training is the optimal way to lose more fat and gain more muscle. If you are trying to lose weight, studies show that weight loss increases by 56 percent with aerobic and strength exercises combined.

Muscle may weigh more, but when you increase your muscle composition, the body is able to burn more fat, even when you are resting, because your metabolism is higher. A pound of muscle will use 350 to 500 calories per week to survive, while a pound of fat only needs about 14 calories per week. New studies have shown that building muscle helps your body fight disease better, too.

What is the Best Exercise For Weight Loss?

Strength training benefits everyone, no matter what age or sex, and is becoming recognized as an important component of fitness. Research is indicating that the muscle loss found in elderly people doesn't come from age, but lack of activity. Even a young person who doesn't get enough exercise can lose muscle mass and strength. Strength training, such as lifting weights or performing weight-resistance exercises, as little as twice a week can help maintain or increase muscle mass.

Strength training involving several sets of multiple repetitions using moderate weights will not result in huge muscles. Instead it builds bone mass and increases the metabolism, as well as toning and firming the muscles, giving a leaner look.

It is very important to do both aerobics and strength exercises. The aerobic exercises help your heart and lungs get stronger and help your body utilize oxygen more efficiently, which in turn helps with strength training and overall fitness. The strength exercise helps develop muscle, reduce body fat and maintain bone mass.

Aerobic Exercise is a type of exercise that elevates the heart rate and breathing for a continuous sustained period. This overloads the heart and lungs and causes them to work harder than at rest.

There are many options to choose from today. Bicycling, aerobic dance, swimming, walking, and stepping are all examples of aerobic exercise. Which ones to chose depends on your physical condition, your history, your interests and your goals. Many experts believe it is better to alternate between 2 or more types, to get a better workout.

There are two main types of aerobics- high impact and low impact. It is better to alternate between high impact aerobics (which are harder on the body and may cause more damage) and low impact aerobics, such as walking and swimming. This is called cross-training, and helps reduce the chance or injury and overuse of certain muscles.

You will want to perform aerobic exercises at least 20 minutes a day for at least 3 to 4 days a week. If you are trying to lose body fat, or your physical condition is very good, then you may want to work longer at it. Try exercising up to 40 to 60 minutes 5 to 6 days a week.

Remember there is no real need to go overboard. Moderate intensity is almost always better, and is more enjoyable. Low to moderate intensity is an especially good idea when starting out after a layoff or recovery from illness or injury, or if you are significantly overweight.

Warm-up and cool down is important to reduce discomfort and the chance of injury. Warm up by starting slow and gradually build up to your top speed. Then slow down again at the end of your workout.

The whole idea behind aerobic exercise is to get up and get moving! Find something you enjoy doing that keeps your heart rate elevated for a continuous time period and get moving to a healthier life.

What is the Best Exercise For Weight Loss?
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By Dianne Ronnow © 2005-8 Mohave Publishing. All rights reserved. This article may be freely copied as long as it is not modified and this resource box accompanies the article, together with working hyperlinks.

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Thursday, November 22, 2012

How to Write Your First Ebook

Writing your first ebook may seem like a daunting task. But like many projects, it won't seem so bad when it's broken down into manageable chunks. Not all projects are successful, so don't be too disappointed if your first ebook isn't a best seller. Whatever the outcome of your first ebook, you can at least say 'You did it'.

Like many things in life, what often seems impossible can be attained with the right attitude and the right equipment. It could be a marathon run, climbing a mountain or finding parking space at the supermarket.

If you want to play golf, you will need clubs, balls and some practice. There's no guarantee you will become another Tiger Woods but you will become a golfer.

How to Write Your First Ebook

If you want to write an ebook, you will need a computer, software and some directions. Assuming you have a computer and software or access to them, here are some directions.

Establish Your Reasons

Your reasons for wanting to write an ebook will have a major impact on your success. It may be for financial gain, promoting a business, advancing your career, education, self satisfaction or something entirely different. Whatever your reasons, write them down. It will help to motivate you if the going gets tough.

Choose Your Subject

There are countless subjects that you can write about. It's wise to choose something you have an interest in or knowledge of. It is worthwhile spending time on this. The more you know about your subject, the easier it will be to write about.

Choose Your Title

After you've chosen your subject, you'll need a title for the ebook. It's worth writing down a few different ones before deciding on the one you'll use. This will help to keep your focus and may give you some other ideas. The title should give a clear indication of the content in your book. A catchy title may help to sell it, but remember to balance this with clarity to keep it in context. I've written down two examples. Feel free to use them if you have a sense of humor.

A Clubbers Paradise - Golfing in Ibiza

20 Minutes Late - The Future of Trains

Choose Your Audience

The subject and style of your writing will determine your audience. Decide who your desired audience will be. Age, gender, culture, social background and education are factors you may want to consider. What you write should be targeted at your desired audience.

Write Your Thesis Statement

Although it's possible to write your ebook without a 'thesis statement', it is not recommended. If you are unfamiliar with this term, there are many sources available that will provide you with all the details you need. Unfortunately, there are some differences of opinion that may lead to confusion.

The 'thesis statement' deserves a separate article of its own but for now I have written a general definition of a thesis statement for ebooks. This may leave the door open for criticism but is a small price to pay if it removes some of the confusion. More importantly, it will give you a base on which to start. Only use it as a guideline. If you want a more specific definition, Google is a good place to start your search.

A thesis statement is a sentence or two written to clearly show the reason(s) for your ebook and what you expect to write about.

Although I have referred to this as a general definition, keep in mind that your actual statement should be as specific as possible.

Think of it as the foundation for your ebook. It should contain the following:

1) Your subject

2) Your opinion on the subject

3) A supporting reason for your opinion

4) The significance of 1), 2) and 3)

Create Your Document

Now that you have the foundation, you can begin writing.
A standard application like MS Word is a good choice.
While you are writing your document you can revise your thesis statement at any time up until it is published. This provides a good degree of flexibility.

Choose the format and layout of your document, including chapters, headings and introductions. Dependent on your subject, you may wish to add photographs, anecdotes or testimonials that keep the reader's attention.

Since an ebook is generally read from a screen, you may want to break up the text more than in a printed book. Experiment with a few different fonts and look at other ebooks for ideas you can use. Spell check and save your document regularly. MS Word has an auto recovery feature. This is useful if you don't save the document on a regular basis and later experience a system crash. Always backup your document. As a precaution you should also keep a copy on another media such as CD.

Choose Your eBook Format

This is a personal choice. You may decide to create an executable (.exe) file or a Portable Document Format (.pdf) file. By no means an exhaustive list, here are some points to consider before you choose.

EXE files are compiled using an ebook compiler

EXE files may offer features that are not available with PDFs

EXE files can only be read on a PC

EXE files don't require any other software to be read

EXE files are easy to open, easily branded, and good viral marketing tools

EXE files may be susceptible to viruses although some compilers offer virus protection

More information on the better compilers can be found at

http://www.ebook-site.com/ebook-compilers.html

PDF files can be created using Adobe Acrobat

PDF files can be created with several other 3rd party applications

PDF files are an industry standard

PDF files can be read by both PC and MAC

PDF files require Adobe Reader to be read

PDF files are highly unlikely to become infected

More information on PDFs can be found on the Adobe website

Create Your Ebook

Create your ebook in your chosen format.
Congratulations you are now an author.

How to Write Your First Ebook
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Bryan Quinn
ebook-site.com
Provide a variety of useful resources for creating, reading, and publishing ebooks. You`ll also find tips on spam and flipbooks, as well as a collection of free ebook downloads. A free members' area is also provided for ezine subscribers.

http://www.ebook-site.com

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Monday, November 19, 2012

A Summary of the Novel "The Green Mile"

Any summary of the novel "The Green Mile" by Stephen King has to include a bit about the famous horror novelist, himself. He published this novel in 1996 as a serial novel, and the first edition actually came out in six small, paperbacks, which were later made into one novel. King is most well known for his horror novels, so as this summary of the novel "The Green Mile" shows, this book, set in the 1930s, is a departure from some of his other works.

Plot

The summary of the novel "The Green Mile" includes the plot and setting. The story takes place in 1932 on the E Block (Death Row) in Cold Mountain Penitentiary in Georgia. It is narrated by the main character, Paul, who is the captain of the prison guards who preside over E Block. "The Green Mile" of the title is the corridor between the cells of the cell block that leads to the execution room. The corridor is covered in green linoleum, hence, the "last" or green mile the inmates take to their death.

A Summary of the Novel "The Green Mile"

The story follows John Coffey, a large, black inmate convicted of raping and murdering two young white girls, and the other two inmates on death row, along with the guards who watch over them. Coffey is special, as Paul discovers, and he has magical healing abilities that become apparent. He befriends a small white mouse, who he names Mr. Jingles, and heals the mouse when the brutal guard Percy Wetmore tried to kill it. He also heals Paul's kidney infection, and later, Paul spirits him out of the prison to heal the warden's wife's brain tumor. Coffey "transfers" this brain disease to Wetmore, the sadistic guard who the inmates and staff dislike. Wetmore never recovers and spends the rest of his life in a mental institution.

Eventually, Paul discovers that Coffey is exceptional in many areas. It turns out he did not murder the two girls, another inmate (William Wharton) did. Coffey does not want to be pardoned, and dies in the electric chair because he cannot bear the cruelties of real life. After his death, Paul discovers that each of the people Coffey has healed live extraordinarily long lives. Paul is 108 at the end of the book, and Mr. Jingles is 64. They have no idea how long they will live, and the novel ends.

Characters

A summary of the novel "The Green Mile" includes the characters in the novel.

Paul Edgecombe - Paul is the main character of the novel. A prison guard, by the end of the story he is an old man narrating this part of his life to a friend who is writing his memoir.

John Coffey - A nearly 7-foot-tall black man, a convicted murderer awaiting his death sentence on death row in the prison. He befriends a white mouse and heals people of their diseases.

Percy Wetmore - A sadistic prison guard who everyone dislikes. He torments the prisoners, tries to kill Mr. Jingles, the mouse, and deliberately botches an execution where the inmate suffers terribly. He keeps his job because he is related to the governor.

Eduard Delacroix - A Cajun man convicted of arson, he is essentially a coward. He is the man who dies a horrible death at the hands of Wetmore.

William Wharton - Another convict, it turns out he is the one who actually committed the murder attributed to John Coffey. He is wild and frightening, and attempts to disrupt the prison as much as he can before he dies.

Mr. Jingles - The white mouse that lives to be 64 and is befriended by John Coffey.

A Summary of the Novel "The Green Mile"
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Thursday, November 15, 2012

Due Diligence Checklists - For Commercial Real Estate Transactions

Planning to purchase or finance Commercial or Industrial Real Estate? Shopping Center? Office Building? Restaurant/Banquet property? Parking Lot? Storefront? Gas Station? Manufacturing facility? Warehouse? Logistics Terminal? Medical Building? Nursing Home? Hotel/Motel? Pharmacy? Bank facility? Sports and Entertainment Arena? Other?

A KEY to investing in commercial real estate is performing an adequate Due Diligence Investigation to assure you know all material facts to make a wise investment decision and to calculate your expected investment yield.

The following checklists are designed to help you conduct a focused and meaningful Due Diligence Investigation.

Due Diligence Checklists - For Commercial Real Estate Transactions

Basic Due Diligence Concepts:

Commercial Real Estate transactions are NOT similar to large home purchases.

Caveat Emptor: Let the Buyer beware.

Consumer protection laws applicable to home purchases seldom apply to commercial real estate transactions. The rule that a Buyer must examine, judge, and test for himself, applies to the purchase of commercial real estate.

Due Diligence: "Such a measure of prudence, activity, or assiduity, as is proper to be expected from, and ordinarily exercised by, a reasonable and prudent [person] under the particular circumstances; not measured by any absolute standard, but depending upon the relative facts of the special case." Black's Law Dictionary; West Publishing Company.

Contractual representations and warranties are NOT a substitute for Due Diligence.

Breach of representations and warranties = Litigation, time and money.

WHAT DILIGENCE IS DUE?

The scope, intensity and focus of any due diligence investigation of commercial or industrial real estate depends upon the objectives of the party for whom the investigation is conducted. These objectives may vary depending upon whether the investigation is conducted for the benefit of (i) a Strategic Buyer (or long-term lessee); (ii) a Financial Buyer; (iii) a Developer; or (iv) a Lender.

If you are a Seller, understand that to close the transaction your Buyer (and its Lender) must address all issues material to its objective - some of which require information only you, as Owner, can adequately provide.

GENERAL OBJECTIVES:

(i) A "Strategic Buyer" (or long-term lessee) is acquiring the property for its own use and must verify that the property is suitable for that intended use.

(ii) A "Financial Buyer" is acquiring the property for the expected return on investment generated by the property's income stream, and must determine the amount, velocity and durability of the revenue stream. A sophisticated Financial Buyer will likely calculate its yield based upon discounted cash-flows rather than the must less precise capitalization rate ("cap rate"), and will need adequate financial information to do so.

(iii) A "Developer" is seeking to add value by changing the character or use of the property - usually with a short-term to intermediate-term exit strategy to dispose of the property; although, a Developer might plan to hold the property long term as Financial Buyer after development or redevelopment. The Developer must focus on whether the planned change is character or use can be accomplished in a cost-effective manner. A developer conducting due diligence will focus on issues involving market demand, access, use and finances.

(iv) A "Lender" is seeking to establish two basic lending criteria:

1. "Ability to Repay" - The ability of the property to generate sufficient revenue to repay the loan on a timely basis; and

2. "Sufficiency of Collateral" - The objective disposal value of the collateral in the event of a loan default, to assure adequate funds to repay the loan, carrying costs and costs of collection in the event forced collection becomes necessary.

The amount of diligent inquiry due to be expended (i.e. "Due Diligence") to investigate any particular commercial or industrial real estate project is the amount of inquiry required to answer each of the following questions to the extent relevant to the objectives of the party conducting the investigation:

I. THE PROPERTY:

1. Exactly what PROPERTY does Purchaser believe it is acquiring?

(a) Land?

(b) Building?

(c) Fixtures?

(d) Other Improvements?

(e) Other Rights?

(f) The entire fee title interest including all air rights and subterranean rights?

(g) All development rights?

2. What is Purchaser's planned use of the Property?

3. Does the physical condition of the Property permit use as planned?

(a) Commercially adequate access to public streets and ways?

(b) Sufficient parking?

(c) Structural condition of improvements?

(d) Environmental contamination?

(i) Innocent Purchaser defense vs. exemption from liability

(ii) All Appropriate Inquiry

4. Is there any legal restriction to Purchaser's use of the Property as planned?

(a) Zoning?

(b) Private land use controls?

(c) Americans with Disabilities Act?

(d) Availability of licenses?

(i) Liquor license?

(ii) Entertainment license?

(iii) Outdoor dining license?

(iv) Drive through windows permitted?

(e) Other impediments?

5. How much does Purchaser expect to pay for the property?

6. Is there any condition on or within the Property that is likely to increase Purchaser's effective cost to acquire or use the Property?

(a) Property owner's assessments?

(b) Real estate tax in line with value?

(c) Special Assessment?

(d) Required user fees for necessary amenities?

(i) Drainage?

(ii) Access?

(iii) Parking?

(iv) Other?

7. Any encroachments onto the Property, or from the Property onto other lands?

8. Are there any encumbrances on the Property that will not be cleared at Closing?

(a) Easements?

(b) Covenants Running with the Land?

(c) Liens or other financial servitudes?

(d) Leases?

9. Leases?

(a) Security Deposits?

(b) Options to Extend Term?

(c) Options to Purchase?

(d) Rights of First Refusal?

(e) Rights of First Offer?

(f) Maintenance Obligations?

(g) Duty on Landlord to provide utilities?

(h) Real estate tax or CAM escrows?

(i) Delinquent rent?

(j) Pre-Paid rent?

(k) Tenant mix/use controls?

(l) Tenant exclusives?

(m) Tenant parking requirements?

(n) Automatic subordination of Lease to future mortgages?

(o) Other material Lease terms?

10. New Construction?

(a) Availability of construction permits?

(b) Utilities?

(c) NPDES (National Pollutant Discharge Elimination System) Permit?

(i) Phase 2 effective March 2003 - Permit required if earth is disturbed on one acre or more of land.

(ii) If applicable, Storm Water Pollution Prevention Plan (SWPPP) is required.

II. THE SELLER:

1. Who is the Seller?

(a) Individual?

(b) Trust?

(c) Partnership?

(d) Corporation?

(e) Limited Liability Company?

(f) Other legally existing entity?

2. If other than natural person, does Seller validly exist and is Seller in good standing?

3. Does the Seller own the Property?

4. Does Seller have authority to convey the Property?

(a) Board of Director Approvals?

(b) Shareholder or Member approval?

(c) Other consents?

(d) If foreign individual or entity, are any special requirements applicable?

(i) Qualification to do business in jurisdiction of Property?

(ii) Federal Tax Withholding?

(iii) US Patriot Act compliance?

5. Who has authority to bind Seller?

6. Are sale proceeds sufficient to pay off all liens?

III. THE PURCHASER:

1. Who is the Purchaser?

2. What is the Purchaser/Grantee's exact legal name?

3. If Purchaser/Grantee is an entity, has it been validly created and is it in good standing?

(a) Articles or Incorporation - Articles of Organization

(b) Certificate of Good Standing

4. Is Purchaser/Grantee authorized to own and operate the Property and, if applicable, finance acquisition of the Property?

(a) Board of Director Approvals?

(b) Shareholder or Member approval?

(c) If foreign individual or entity, are any special requirements applicable?

(i) Qualification to do business in jurisdiction of the Property?

(ii) US Patriot Act compliance?

(iii) Bank Secrecy Act/Anti-Money Laundering compliance?

5. Who is authorized to bind the Purchaser/Grantee?

IV. PURCHASER FINANCING:

A. BUSINESS TERMS OF THE LOAN:

What loan terms have the Purchaser, as Borrower, and its Lender agreed to?

(a) What is the amount of the loan?

(b) What is the interest rate?

(c) What are the repayment terms?

(d) What is the collateral?

(i) Commercial real estate only?

(ii) Real estate and personal property together?

(e) First lien? A junior lien?

(f) Is it a single advance loan?

(g) A multiple advance loan?

(h) A construction loan?

(i) If it is a multiple advance loan, can the principal be re-borrowed once repaid prior to maturity of the loan; making it, in effect, a revolving line of credit?

(j) Are there reserve requirements?

(i) Interest reserves?

(ii) Repair reserves?

(iii) Real estate tax reserves?

(iv) Insurance reserves?

(v) Environmental remediation reserves?

(vi) Other reserves?

(k) Are there requirements for Borrower to open business operating accounts with the Lender? If so, is the Borrower obligated to maintain minimum compensating balances?

(l) Is the Borrower required to pledge business accounts as additional collateral?

(m) Are there early repayment fees or yield maintenance requirements (each sometimes referred to as "pre-payment penalties")?

(n) Are there repayment blackout periods during which Borrower is not permitted to repay the loan?

(o) Is there a Loan Commitment fee or "good faith deposit" due upon Borrower's acceptance of the Loan Commitment?

(p) Is there a loan funding fee or loan brokerage fee or other loan fee due Lender or a loan broker at closing?

(q) What are the Borrower's expense reimbursement obligations to Lender? When are they due? What is the Borrower's obligation to pay Lender's expenses if the loan does not close?

B. DOCUMENTING THE COMMERCIAL REAL ESTATE LOAN

Does Purchaser have all information necessary to comply with the Lender's loan closing requirements?

Not all loan documentation requirements may be known at the outset of a transaction, although most commercial real estate loan documentation requirements are fairly typical. Some required information can be obtained only from the Seller. Production of that information to Purchaser for delivery to its lender must be required in the purchase contract.

As guidance to what a commercial real estate lender may require, the following sets forth a typical Closing Checklist for a loan secured by commercial real estate.

Commercial Real Estate Loan Closing Checklist

1. Promissory Note

2. Personal Guaranties (which may be full, partial, secured, unsecured, payment guaranties, collection guaranties or a variety of other types of guarantees as may be required by Lender).

3. Loan Agreement (often incorporated into the Promissory Note and/or Mortgage in lieu of being a separate document)

4. Mortgage [sometimes expanded to be a Mortgage, Security Agreement and Fixture Filing]

5. Assignment of Rents and Leases

6. Security Agreement

7. Financing Statement (sometimes referred to as a "UCC-1", or "Initial Filing")

8. Evidence of Borrower's Existence In Good Standing; including

(a) Certified copy of organizational documents of borrowing entity (including Articles of Incorporation, if Borrower is a corporation; Articles of Organization and written Operating Agreement, if Borrower is a limited liability company; Certified copy of trust agreement with all amendments, if Borrower is a land trust or other trust; etc.)

(b) Certificate of Good Standing (if a corporation or LLC) or Certificate of Existence (if a limited partnership) or Certificate of Qualification to Transact Business (if Borrower is an entity doing business in a State other than its State of formation)

9. Evidence of Borrower's Authority to Borrow; including

(a) a Borrower's Certificate;

(b) Certified Resolutions

(c) Incumbency Certificate

10. Satisfactory Commitment for Title Insurance (which will typically require, for analysis by the Lender, copies of all documents of record appearing on Schedule B of the title commitment which are to remain after closing), with required commercial title insurance endorsements, often including:

(a) Affirmative Creditors Rights Endorsement (extending coverage over policy exclusion 7 and policy exclusions 3(a) and 3(d) as they relate to creditor's rights matters)

(b) ALTA 3.1 Zoning Endorsement modified to include parking

(c) ALTA Comprehensive Endorsement 1

(d) Location Endorsement (street address)

(e) Access Endorsement (vehicular access to public streets and ways)

(f) Contiguity Endorsement (the insured land comprises a single parcel with no gaps or gores)

(g) PIN Endorsement (insuring that the identified real estate tax permanent index numbers are the only applicable PIN numbers affecting the collateral and that they relate solely to the real property comprising the collateral)

(h) Usury Endorsement (insuring that the loan does not violate any prohibitions against excessive interest charges)

(i) other title insurance endorsements applicable to protect the intended use and value of the collateral, as may be determined upon review of the Commitment for Title Insurance and Survey or arising from the existence of special issues pertaining to the transaction or the Borrower.

11. Current ALTA Survey (3 sets), [typically prepared in accordance with 2005 Minimum Standard Detail for ALTA/ACSM Land Title Surveys, certified to the lender, Buyer and the title insurer, including items 1 through 4, 6, 7(a), 7(b)(1), 8 through 11(a) and 14 from the Surveyor's "Optional Survey Responsibilities and Specifications" referred to as "Table A"].

12. Current Rent Roll

13. Certified copy of all Leases (3 sets)

14. Lessee Estoppel Certificates

15. Lessee Subordination, Non-Disturbance and Attornment Agreements [sometimes referred to simply as "SNDAs"].

16. UCC, Judgment, Pending Litigation, Bankruptcy and Tax Lien Search Report

17. Appraisal (must comply with Title XI of FIRREA (Financial Institutions Reform, Recovery and Enforcement Act of 1989, as amended)

18. Environmental Site Assessment Report (sometimes referred to as Environmental Phase I and/or Phase 2 Audit Reports)

19. Environmental Indemnity Agreement (signed by Borrower and guarantors)

20. Site Improvements Inspection Report

21. Evidence of Hazard Insurance naming Lender as the Mortgagee/Lender Loss Payee; and Liability Insurance naming Lender as an "additional insured" (sometimes listed as simply "Acord 27 and Acord 25, respectively)

22. Legal Opinion of Borrower's Attorney

23. Credit Underwriting documents, such as signed tax returns, property operating statements, etc. as may be specified by Lender

24. Compliance Agreement (sometimes also called an Errors and Omissions Agreement), whereby the Borrower agrees to correct, after closing, errors or omissions in loan documentation.

It is useful to become familiar with the Lender's loan documentation requirements as early in the transaction as practical. The requirements will likely be set forth with some detail in the lender's Loan Commitment - which is typically much more detailed than most loan commitments issued in residential transactions.

Conducting the Due Diligence Investigation in a commercial real estate transaction can be time consuming and expensive in all events.

If the loan requirements cannot be satisfied, it is better to make that determination during the contractual "due diligence period" - which typically provides for a so-called "free out" - rather than at a later date when the earnest money may be at risk of forfeiture or when other liability for failure to close may attach.

CONCLUSION

Conducting an effective due diligence investigation in a commercial real estate transaction to discover all material facts and conditions affecting the Property and the transaction is of critical importance.

Unlike owner occupied residential real estate, when a house can nearly always be occupied as the purchaser's home, commercial real estate acquired for business use or for investment is impacted by numerous factors that may affect its use and value.

The existence of these factors and their affect on a Purchaser's ability to use the Property for its intended use and on the Purchaser's projected investment yield can only be discovered through diligent investigation and attention to detail.

The circumstances of each transaction will determine what degree of diligence is required. The level of diligence required under the circumstances is the diligence that is due.

Exercise Due Diligence.

Due Diligence Checklists - For Commercial Real Estate Transactions
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R. Kymn Harp is a seasoned attorney based in Chicago, Illinois with 30 years experience representing commercial real estate investors, lenders and developers. He is a frequent speaker at continuing education seminars, and is a widely published author on commercial and industrial real estate topics including due diligence, entitlements, commercial real estate financing, and Brownfield development and financing.

R. Kymn Harp can be contacted at:

Robbins, Salomon & Patt, Ltd
25 E. Washington Street Suite 100
Chicago, IL 60602
Dir. Ph: 312-456-0378
Email: rkharp@rsplaw.com

For more information go to: http://www.realestate-law.com

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Monday, November 12, 2012

Fortunes of the Rabbit in Dragon Year 2012-13

Your birth year, the Fourth Sign of the Chinese Zodiac? Were you 12, 24, 36, 48, 60, 72 (and so-on in 12-year increments) between 3rd February 2011 and 23rd January 2012? (Rabbit Year's end) or know of a baby due/born during this period? Do partners, friends, relatives or colleagues fall into this category? If you do, this article should interest you!

The Rabbit

Years of the RABBIT:

Fortunes of the Rabbit in Dragon Year 2012-13

1903 Water; 1915 Wood; 1927 Fire; 1939 Earth; 1951 Metal; 1963 Water; 1975 Wood; 1987 Fire; 1999 Earth; 2011 Metal

4th Place Lucky Rabbit has Longevity Links!

Famous Rabbits Include:

Orson Wells, Donnie Yen, Bob Hope, Angelina Jolie, Lewis Carroll, John Cleese, Brad Pitt, Johnny Depp, David Beckham, Ingrid Bergman, Albert Einstein, Leon Trotsky, Li Lin-Jie (Jet Li) Frank Sinatra, Tiger Woods and Whitney Houston.

Personality

Relaxed, laid back and into various forms of cultivation, Rabbits are considered the luckiest Animal. They rarely gamble (being conservative at heart and risk-averse) but do so skillfully when tempted. Reliable and trustworthy, and the last to renege on contractual commitments, although Rabbits can be a little too easy-going at times.

Fond of gossip, Rabbits are articulate, virtuous and well-liked but occasionally they can be over-cautious and boring. Lucky Rabbit is a Sign frequently linked to longevity!

Ideal Rabbit Careers and Occupations Include:

Politics, Diplomacy, Writing and Publishing, Education, Performing Arts, Fashion Design, Medicine, Administration and Public Relations - Rabbits also make excellent Therapists.

Relationships

In relationship terms, Rabbits are most compatible with those born under the Signs of the Sheep, Dog and Pig and least with those born under the Signs of the Rooster and Rat.

The Rabbit in Dragon Year 2012-13

Expect good news from within your family. Rising income and expenditure accompany each other, this renders saving a very good idea for this year.

Mood-swings may occur from time-to-time and Rabbits should take care and try to moderate these considering the volatility inherent in the nature of Dragon Years. Spring and Summer are your best times of Year, try to capitalise upon progress made then. Similarly, watch out for unnecessary expenditure later in the Year, especially in the Winter months.

In Fact

The Yellow Emperor, Huang Di (circa 2,690-2,590 BC) is credited with creation of the Chinese Calendar in its current form, although it is certain it was in use long before this. Yin/Yang and 5 Elements Theories, fundamentally affecting the way his Calendar operates are also credited to the Yellow Emperor and exert powerful influences on events to this day.

Dragon Year 2012-13 is Year 4,710 by this Calendar, which is also used by many other countries of S.E. Asia. The Chinese who also (not surprisingly) invented History as a Subject for study, have the longest written and consistent, chronological record of events on the Planet (one from which we can can learn much!).

Fortunes of the Rabbit in Dragon Year 2012-13
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Feng Shui Consultant Peter Allsop M.Ed. also publishes 'Red Dragon Martial Arts Ezine'. Longevity Training, Iron Shirt, 5 Elements Qigong, Daoism, Chinese metaphysics and Astrology feature among his interests alongside gem and crystal Feng Shui.

Explore the free resources at http://www.sheffieldkungfu.com or http://shaolinway.com

Senior Student of GrandmasterYap Leong, Peter also teaches Shaolin Kung Fu and Qigong in Yorkshire and Derbyshire U. K. as Shaolin Fists International Area Instructor for the region.

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Wednesday, November 7, 2012

Publishing Scams: Six Red Flags That Scream "Rip Off"

It's heartbreaking. You go to a local fair and there at the author's table is a row of smiling hopefuls, eager to sell their books. A few are beautiful books, either self-published or produced by traditional publishers. But so many are poorly written, poorly produced, with amateurish covers and cheap bindings. The author's smiles are wearing thin as they realize that the world isn't flocking to buy their books, and they're just beginning to wonder if there's something wrong with this picture.

Score another for the vanity presses. The poor authors, with no knowledge of the business end of publishing, have been snookered out of hundreds or even thousands of dollars and now have cases of unmarketable books serving as very expensive doorstops.

In these days of POD (publish-on-demand) technology, the vanity presses may promise to ship the books when they are ordered, which at least relieves the author of having to warehouse the books. But the vanities still charge large amounts of money and the author is still left with an empty bank account and shattered dreams.

Publishing Scams: Six Red Flags That Scream "Rip Off"

Or worse. Some scammers take money from hopeful authors and deliver nothing at all.

The good news is that with a little knowledge, it isn't too hard to spot a scam. Here are some obvious red flags to look for:

Red Flag #1: "We'll publish your book for ONLY 5!"

Remember this one rule above all: legitimate publishers pay YOU for the rights to publish your book. You should never have to pay anyone to publish your work unless you choose to self-publish.

To get a book published, you have to write the very best book you can. You must study the market, and use a current market guide to select the most appropriate publisher. You submit your manuscript using a standard manuscript format, which is described in most good books on writing and publishing. While you wait for a reply, you go to work on your next project. If a publisher is interested, an editor will contact you and make an offer. The publisher will pay you an advance against royalties, and once the advance is earned back, you will earn royalties on further sales. You or your agent may also sell other subsidiary rights, such as foreign translation rights or movie rights. Chances are high, however, that your manuscript will be rejected. If that happens you select the next publisher on your list and send the manuscript there, then go back to work on your next project.

If you want to self-publish, the best way to go about it is to create your own small publishing company. You give your company a name, you choose a good printing service, you buy the ISBN number and file for copyright. If you pay for "publishing," but the book bears the imprint of another publisher, that company is a vanity publisher. A good printing service will encourage you to use your own imprint. You have a much better chance of getting a distributor to carry your books if you use your own imprint. Most distributors steer clear of vanity publishers.

If you want only a few copies, such as a memoir meant only for family, look for a good book binding service.

Red Flag #2: "Authors wanted by major publisher!"

No legitimate publisher ever has to advertise for authors. All major publishers have gigantic slush piles stacked high with far more manuscripts than they will ever be able to use, most of which are of poor quality. If you see an ad in the back of a magazine that offers to "publish" your book, or suggests that they "need" authors, chances are high that it is a vanity press.

Red Flag #3: "We know the secret for instant success!"

There is no "instant success" in the publishing world. Most famous authors worked hard for years to become an "overnight success." Sometimes a lucky break will propel a new author to the top of the bestseller list, but remember, their story is just one out of millions. Most authors never get that kind of fame. If the opening page of the site talks about how your book could be a best-seller, be cautious. Real publishers don't make those kinds of promises, because they know the reality of the publishing business.

Red Flag #4: "Traditional publishing is dead/a rip-off/not worth your time."

A publishing company that disparages traditional publishing is almost certainly either a vanity publisher or an outright scam. What they are disparaging are long-established honest businesses that carefully select the manuscripts that are most likely to sell and pay the authors for the rights to publish these works.

Red Flag #5: "We'll list your books on Amazon.com!"

Getting your book listed on Amazon.com is as easy as going online and filling out a form. Anyone can do it. And a listing on Amazon isn't a guaranteed path to success. Even in this day and age of online commerce, something less than 10% of all books sold are sold online. The vast majority of books are sold through bricks-and-mortar bookstores. While you may possibly be able to talk your local bookstores into carrying your self-published book, the only way to get it into bookstores across the nation is by getting a distributor to carry it. That can be expensive (which is one reason that the vanities don't bother with distribution), and distributors won't touch vanity books (which is the other reason). Distributors and bookstores also don't like POD (publish on demand) books, because they can't be returned if they don't sell. Booksellers, unlike most businesses, expect to be able to return or destroy unsold books and get their money back. It sounds crazy to other businesses, but that's how it is. If the publisher can't offer distribution services to get your book into bookstores, it's not a publisher that will serve you well.

Red Flag #6: Bad review on Preditors and Editors and Writer Beware

Yes, it's really spelled that way, for alliterative purposes. Preditors and Editors is a website chock full of scam warnings and wise advice to writers. Writer Beware, on the Science Fiction and Fantasy Writers of America website, has a list of current scam alerts. Both are useful when researching a potential publisher. If any publisher disparages either of these sites, beware!

If you can spot these red flags, you can avoid most publishing scams. The best way to protect yourself, though, is to educate yourself about the publishing industry. Read as many books on writing and publishing as you can get your hands on. Find out how the industry works, and find out how to market your work in the genre you are writing for. Stay abreast of industry trends by reading Publisher's Weekly or visiting their website. With a little education, you can help put the scammers out of business.

Publishing Scams: Six Red Flags That Scream "Rip Off"
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Karen E. Bledsoe is a children's book author, and has written many books for the school and library market. For more information on writing for children, see her website at http://www.gkbledsoe.com

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Monday, November 5, 2012

Self-Publishing - How Important is an ISBN Number?

You've weighed all your options and have determined that self-publishing makes the most sense for your foray into publishing. You understand that there is an increase in the need to self-market your title, but there is also a correlating increase in profit margin. Other risks have been assessed and you're comfortable moving forward in the direction you've chosen.

Have you applied for an ISBN number?

"What's that?" You might be asking yourself. Well, an ISBN (International Standard BookNumber) is a specific number that helps identify your book and has provided the standard of book identification since 1970.

Self-Publishing - How Important is an ISBN Number?

Some brick and mortar stores as well as online retailers have policies that disqualify the sale of a book that does not contain an ISBN.

The cost to purchase an ISBN may seem prohibitive for many. Here's the basic cost structure...

Registration Fee: .95

Service Fee for 10 ISBN's: 5.00

Annual Fee:

Manual Processing Fee (if you file a print application):

Express Service (if required): 5

If you needed an ISBN number quickly you would spend close to 0 to get one. The truth is, you receive up to ten ISBN's for the price listed above, but the acquisition of an ISBN doe note provide a distinction between the need for one or ten separate numbers, ultimately you pay the same price. This can be a benefit I you have additional titles planned, but can be a hefty expense for a single book

The online web address for ISBN acquisition is http://www.isbn.org/standards/home/isbn/us/secureapp.asp

You should know that there are resellers of International Standard BookNumbers and you can purchase a single ISBN for around through these services. Another alternate avenue for the purchase of an ISBN is through your book printer. These printing firms often provide this as a service to their printing customers simply because they realize that you may not need 10 ISBN numbers and you may not wish to pay 0-400 for the use of a single ISBN.

The task of self-publishing may seem daunting, but it can be successfully done. Just as you spent time researching the subject matter for your book, so too is the process for the publication process. Beyond the need for an ISBN you will also need to manage copyright issues as well as filing your work with the Library of Congress. Again in many cases a qualified book printer can address these issues although you may find a less expensive alternative with a little online comparison-shopping.

Self-Publishing - How Important is an ISBN Number?
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Scott Lindsay is a web developer and entrepreneur. He is the founder of FaithWriters and many other web projects. FaithWriters has grown to become one of the largest online destinations for Christian writers and Christian authors. FaithWriters is a great place for writing jobs.

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