1 STATE OF INDIANA ) ) SS: 2 COUNTY OF MONROE ) 3 IN THE CIRCUIT COURT OF MONROE COUNTY 4 CAUSE NO. 53C06-2203-PL-000509 5 6 COUNTY RESIDENTS AGAINST ANNEXATION, ) INC., an Indiana not for profit ) 7 corporation, et al., ) ) 8 Remonstrators/Appellants/Petitioners, ) ) 9 -vs- ) ) 10 THE COMMON COUNCIL of the City of ) Bloomington, Monroe County, Indiana, ) 11 et al., ) ) 12 Respondents. ) 13 14 DEPOSITION OF JOHN BYERS 15 16 The deposition upon oral examination of JOHN BYERS, a witness produced and sworn before me, 17 Janine A. Ferren, RMR, CRR, CSR-IL No. 84-4852, Notary Public in and for the County of Hamilton, 18 State of Indiana, taken on behalf of the Respondents, at the offices of Bloomington City 19 Hall, 401 North Morton Street, Bloomington, Monroe County, Indiana, on the 1st day of March 2024, 20 scheduled to commence at 11:15 a.m., pursuant to the Indiana Rules of Trial Procedure with written 21 notice as to time and place thereof. 22 23 24 25 2 1 APPEARANCES 2 FOR THE REMONSTRATORS/APPELLANTS/PETITIONERS: 3 William J. Beggs BUNGER & ROBERTSON 4 211 South College Avenue Bloomington, IN 47404 5 812.332.9295 wjbeggs@lawbr.com 6 7 FOR THE RESPONDENTS: 8 Stephen C. Unger 9 BOSE McKINNEY & EVANS LLP 111 Monument Circle 10 Suite 2700 Indianapolis, IN 46204 11 317.684.5000 sunger@boselaw.com 12 13 ALSO PRESENT: 14 Margaret Clements 15 16 17 18 19 20 21 22 23 24 25 3 1 INDEX OF EXAMINATION 2 Page 3 DIRECT EXAMINATION . . . . . . . . . . . . . . .5 Questions by Stephen C. Unger 4 CROSS-EXAMINATION . . . . . . . . . . . . . . . 24 5 Questions by William J. Beggs 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 INDEX OF EXHIBITS 2 Previously Marked Exhibits: Page 3 Exhibit 28 - Amended and Supplemented 18 Answers of County Residents 4 Against Annexation, Inc. to City of Bloomington's 5 Interrogatories 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 (Time noted: 11:09 a.m.) 2 JOHN BYERS, 3 having been duly sworn to tell the truth, the whole 4 truth, and nothing but the truth relating to said 5 matter, was examined and testified as follows: 6 7 DIRECT EXAMINATION, 8 QUESTIONS BY STEPHEN C. UNGER: 9 Q Mr. Byers, my name is Steve Unger. We just met. 10 I'm one of the attorneys representing the City 11 of Bloomington in this annexation matter, so I'm 12 going to be asking you some questions today. 13 Would you go ahead and just state your name 14 for the record? 15 A John J. Byers, B-Y-E-R-S. 16 Q What's your address? 17 A 2150 South Curry Pike, Bloomington. 18 Q That's in one of the annexation areas? 19 A Yes. 20 Q Which one? 21 A I don't know. 22 MS. CLEMENTS: It's 1A. 23 A 1A. 24 Q Who lives there with you? 25 A My wife and now two little brats. 6 1 Q Maybe I'll -- have you ever been deposed before? 2 A No. 3 Q So I'm going to ask you questions. I need you 4 to answer as truthfully and honestly as you can. 5 If there's a reason you can't completely and 6 truthfully answer a question, will you let me 7 know? 8 A I can answer anything. 9 Q If you need to take a break, you certainly just 10 let me know and we'll try to work through that. 11 Hopefully this won't take very long. 12 What did you do to prepare for your 13 deposition today? 14 A Nothing. 15 Q Did you talk to anybody about -- 16 A Not really. 17 Q Okay. 18 A I think I had an attorney call me just to let me 19 know to show up for sure, and that was about it. 20 Nothing. 21 Q So you said your "two little brats." Could you 22 explain that a little more clearly for the 23 record? 24 A That's just my two granddaughters and they are 25 little brats, but I love them so much. 7 1 Q I think before we went on the record you said 2 you have seven kids? 3 A Yes. 4 Q Did they grow up in that home? 5 A No. 6 Q How long have you lived in that home? 7 A We've lived in that home, it's on Curry Pike, we 8 got nine acres there. We've been there seven 9 years. 10 Q Where did you live before that? 11 A Greene County. 12 Q Is that where your children grew up? 13 A Yes. 14 Q Where do your children live now, generally? 15 A I got one in Florida, one in Mississippi, one in 16 California, and the rest here in Bloomington. 17 Q Okay. Where in Bloomington do those -- 18 A Ellettsville area. 19 Q All of them live in the Ellettsville area? 20 A Yeah. 21 Q Do you own other property in the annexation 22 areas besides that? 23 A I own a total of 16 homes. 24 Q Are those rental properties? 25 A Yes. 8 1 Q All 16 of those are in -- 2 A No, I was counting mine. 3 Q So you own -- 4 A I've got 15 rentals. 5 Q So 15 rentals? 6 A Yes. 7 Q Are all 15 of the rentals in one of the 8 annexation areas? 9 A Same one. 10 Q They are all in Area 1A? 11 A Yes. 12 Q Do you own any other rental properties? 13 A No. 14 Q Any other commercial properties? 15 A No. 16 Q Are they all occupied? 17 A As of today, yes. 18 Q Typically, what's your occupancy rate? 19 100 percent usually? 20 A Yes. People are always waiting to get in, 21 always. 22 Q What do you charge for rent, on average, on 23 these homes? 24 A The average rent on my houses, right now 25 everything's going up a little bit with 9 1 inflation. I'd say $1,100 a month. 2 Q Are they owned by you personally -- 3 A Yes. 4 Q -- or by an LLC? 5 A LLC, I'm sorry. 6 Q Okay. All the same LLC? 7 A Yep. 8 Q What's the name of the LLC? 9 A John Byers. 10 Q John Byers -- 11 A LLC. 12 Q -- LLC? 13 A Uh-huh. 14 Q So for the record, it's helpful if you let me 15 finish my question -- 16 A Okay. 17 Q -- and then also that you answer "yes" or "no," 18 because "uh-huhs" don't -- and head nods. 19 So I think you said "uh-huh," but is that a 20 "yes"? 21 A Yes. 22 Q Thank you. 23 Any plans to move out of your current home? 24 A No. 25 Q Did you sign a remonstrance petition against the 10 1 annexation? 2 A No. 3 Q You did not? 4 A (Shakes head.) 5 Q Did your wife sign a remonstrance petition? 6 A No. 7 Q Do you understand what I mean by "a remonstrance 8 petition"? 9 A Uh-huh. 10 Q Is that a "yes"? 11 A Yes. 12 Q Thank you. 13 Are you employed currently? 14 A Retired. 15 Q Okay. Where did you work? 16 A A restaurant, it's called Cloverleaf Restaurants 17 here in Bloomington. 18 Q Cloverleafs? 19 A Cloverleaf, one word. 20 Q Is it still in operation? 21 A Yes. 22 Q Did you sell that restaurant? 23 A My boys did. 24 Q Okay. Where is that restaurant? 25 A We've got one on West Third Street and one, I'm 11 1 trying to think of the address, it's down south. 2 I sold them seven years ago to my boys. It's 3 down behind Bloomington High -- on Winslow Road, 4 Winslow. 5 Q So one on Third Street and one on Winslow Road? 6 A Uh-huh. 7 Q So your occupation was you operated it, 8 essentially? 9 A Thirty-five years. 10 Q Okay. Any other restaurants that you've owned? 11 A No. 12 Q Did you do anything else besides that for those 13 35 years? 14 A No. 15 Q You said your sons sold it. They no longer -- 16 A Yeah. They sold them a year -- 13 months ago. 17 Q Okay. Are those the sons that, do they live in 18 the Ellettsville area? 19 A Yes. 20 Q Are you opposed to the City's annexations? 21 A Yes. 22 Q I'm going to ask you a very broad question and 23 then we can work back through them specifically. 24 Can you explain to me why? 25 A The biggest reason, taxes are going to go up, 12 1 and I've got to pass that on to my renters. And 2 some -- most of my renters are older people on 3 fixed incomes, and they're living on a tight 4 budget now. I mean, I know what my budget is in 5 my house. We're going to force them out of 6 there. A lot of them can't afford to live 7 there. They're going to be looking for 8 something else, Section 8 or something. 9 Q Any other reasons? 10 A Well, that's the biggest reason. That's the 11 biggest reason. Everybody's happy where they 12 live now. They're happy with the county, I 13 mean. The only thing we'll get if they raise 14 the taxes is trash removal. That's the only 15 thing we'll gain that I can see. 16 Q Is there any other -- anything else? 17 A No. That's the biggest thing I'm concerned 18 about is my renters. I love all of them. 19 Q Do you have a mortgage on your home? 20 A No. 21 Q Do you have a mortgage or a loan on the rental 22 properties? 23 A No. 24 Q So you pay the property taxes directly? 25 A Yes. 13 1 Q Do you know what -- do you have an understanding 2 of what the tax increase will be on the 3 properties? 4 A Yeah. I had a piece of paper sent to me that 5 showed all of it. It's going to increase it 6 quite a bit. And I've got three of my rentals 7 are already in the city, too. 8 Q I want to break those down a little bit and 9 clarify some things. 10 You had a piece of paper that was sent to 11 you. Do you know who sent that to you? 12 A I can't remember. 13 Q Do you know about when that was? 14 A Probably a year ago. 15 Q Do you require any specifics from the sheet 16 about -- 17 A No, no. 18 Q No specifics. 19 So do you know exactly what you expect the 20 property tax increase to be? 21 A I figured on those homes it's going to cost me 22 another $20,000 a year, probably, increase. 23 Q What do you base that on? 24 A I think it was on that sheet of paper I seen. 25 And then I know what I'm paying for those three 14 1 properties now, the value of them versus the 2 ones that are not in the city, and it's almost 3 double. 4 Q Did you keep the sheet? 5 A No, I didn't. 6 Q Did the sheet say $20,000? 7 A No, it didn't. 8 Q What did the sheet -- how did you use the sheet? 9 A I think it gave, like, a percentage. It wasn't 10 a big deal, so that's why I didn't keep it. 11 Because everything changes anyway. But I just 12 know what I pay for my three properties that are 13 in the city now versus the ones that aren't. 14 It's a big, big difference. 15 Q What is the difference? 16 A I'd say one-third higher per household. 17 Q You said -- I think earlier I had asked you -- 18 I'm not trying to trick you, I just want to make 19 sure we're clear. I earlier asked you if all 15 20 of your rental properties were in Area 1A, and 21 my recollection is you had answered yes. 22 A Yes. 23 Q So you said there's three rentals in the city 24 currently? 25 A Yes. 15 1 Q Is that in addition to the other 15 rentals? 2 A No, that's counting the 15. That's in the 15. 3 Q Okay. So I just want to make sure I'm clear. 4 Does that mean, then, that you have 12 rental 5 properties in 1A? 6 A I've got 15 of them in 1A, unless those three 7 don't count. I didn't know that. They're all 8 in Highland Village. 9 Q Are all of your 15 rental properties in Highland 10 Village? 11 A Yes. 12 Q And so it's your understanding that three of the 13 homes in Highland Village are in the city's 14 limits? 15 A Yes. 16 Q And 12 of them are not currently in the city's 17 limits? 18 A Right. 19 Q And so you base your understanding based off the 20 taxes that are paid, a comparison between those 21 three -- 22 A Yes. 23 Q -- that you believe are in the city limits? 24 A Yes. 25 Q And the other 12 that you believe are not in the 16 1 city limits? 2 A Yes. 3 Q Aside from those, any other properties that you 4 own in the city limits? 5 A No. 6 Q Do you -- your current renters, are any of them 7 in default currently on their rent? 8 A No. 9 Q Do you have problems with renters being in 10 default on their rent? 11 A No, I don't. 12 Q Have you ever had to sue to evict a renter? 13 A Never. 14 Q Do you do background checks on renters before -- 15 A Yes. 16 Q What does that entail? 17 A Well, we would like to go see your house before 18 you move in mine. You know, we ask them, "Where 19 do you live? And if you don't care, could we go 20 see your house?" And we look at the yard. We 21 don't do this in every case because some people 22 say no. When they say no, that raises a red 23 flag. Because anybody can come to my house 24 anytime they want, I don't care. But there's 25 red flags we look for, yes. 17 1 But we've never really had a problem. 2 Usually people who come to us know our houses 3 are good and clean, so we usually get really 4 good renters, good people. 5 Q You want to look at their home, where they are 6 currently, so you know if they maintain it well? 7 A Actually, I may look inside their car as I walk 8 by, too, to see how they keep their car. 9 Q So is that a "yes" to my question? 10 A Yes. 11 Q Do you do any review of their finances before 12 you -- 13 A Yes. 14 Q What do you do? 15 A We want to see if they're working, check stubs, 16 like one check stub or two, make sure they are 17 working for sure and see if they can afford that 18 rent. You know, basically one week's paycheck 19 in that household should equal a month's rent. 20 Otherwise, I was always told by my parents, 21 probably can't afford to live there if that 22 don't balance out, and that's really true. 23 Q Have you ever denied somebody a rental property 24 because they couldn't afford it? 25 A Not that I remember, no. 18 1 (Deposition Exhibit 28 previously marked 2 for identification.) 3 Q There should be a document in front of you 4 that's marked previously as Exhibit 28. It's 5 titled "Amended and Supplemented Answers of 6 County Residents Against Annexation, Inc. to 7 City of Bloomington's Interrogatories." 8 Do you see that? 9 A Yes. 10 Q I understand these were prepared by County 11 Residents Against Annexation and submitted to 12 the City. So you may not have seen these 13 before, but I want to ask you a couple of 14 questions about it. 15 The first is, turn to page 5. There's a 16 Number 5, "Identify and list all facts and 17 documents supporting your contention ... that 18 Ordinance Numbers 17-09 and 17-10 fail to 19 include equitable terms and conditions as 20 required by Indiana Code 36-4-3-8 and identify 21 each witness you intend to call to testify in 22 support of your contention." 23 Do you see that? 24 A Yes. 25 Q And if you turn to the next page, page 6, the 19 1 fourth paragraph down, you'll see it says, 2 "Thomas McGhie, John Byers," and others, "are 3 anticipated to testify that they were not 4 offered an in-lieu-of agreement despite the fact 5 other property owners in Area 1A and 1B were 6 offered such an agreement." 7 Can you tell me what that means? 8 A I wasn't offered anything in agreement, that's 9 for sure. And Don Creek is my neighbor, 10 actually. 11 Q Do you know what an in-lieu-of agreement 12 references? 13 A No. 14 Q Have you ever talked to anybody about desiring 15 an in-lieu-of -- 16 A No. 17 Q -- annexation agreement? 18 A (Shakes head.) 19 Q Are you willing to pay fees to the city in lieu 20 of being annexed? 21 A I don't know. It depends what the fees are. I 22 have no idea. 23 Q Would you pay 75 percent of the City's property 24 tax rate in lieu of being annexed? 25 A I don't know. I'd have to see the numbers. I 20 1 don't know. 2 Q Would you pay that even if the City -- be 3 willing to pay even if the City stopped the 4 annexation effort? 5 A I don't know. 6 Q Are there any terms and conditions you believe 7 should be in an agreement to be -- to pay these 8 fees in lieu of being annexed? 9 A No. 10 Q Do you have any complaints about anyone entering 11 into an in-lieu-of agreement? 12 A I'd have to do my homework on that before I 13 answered. I don't know. 14 Q So you don't know anything about in-lieu-of 15 agreements -- 16 A No. 17 Q -- is that fair to say? 18 A I just know I don't want to be in the city 19 limits. I know that for a fact. 20 Q Okay. I think we talked over each other a 21 little, so I just want to make sure. You don't 22 know anything about in-lieu-of agreements? 23 A No. 24 Q No, you don't know anything? 25 A I don't know. 21 1 Q In the exhibit I provided you, if you could turn 2 to page 11, Number 12 says, "Identify and list 3 all facts and documents supporting your 4 contention in the petition that the annexation 5 will have a significant financial impact upon 6 residents and/or owners of land in the 7 annexation territory and identify each witness 8 you intend to call to testify in support of your 9 contention." 10 Do you see that? 11 A Yes. 12 Q And if you go to the next page, page 12, it 13 says, "If called to testify, the following 14 individuals may be asked to testify about the 15 significant economic impacts of annexation upon 16 Areas 1A and 1B," and you will see about two 17 more lines down, your name is mentioned, John 18 Byers. 19 We've already talked a little bit about the 20 financial impact. Is there anything else that 21 you can offer with respect to the economic 22 impact from annexation, besides what we've 23 already talked about? 24 A No. 25 Q If you look further down, Number 13 on that 22 1 page, "Identify and list all facts and documents 2 supporting your contention in the petition that 3 the annexation is not in the best interest of 4 owners of land in the annexation territory, and 5 identify each witness you intend to call in 6 support of your contention." 7 And if you go to page 13 where it says, 8 "Supplemental Answer." "In addition, if called 9 to testify, the following would be asked to 10 testify about the impact of annexation upon them 11 and upon their businesses." About three more 12 lines down, you'll see your name is included, 13 John Byers. Do you see that? 14 A Yes. 15 Q Besides what we've already talked about, is 16 there anything else that you can offer about the 17 impact of annexation upon you and your business? 18 A No. 19 Q If you turn to page 14, Number 16 says, 20 "Identify and list all remonstrance petitions 21 that you contend the Monroe County Auditor 22 disqualified, or declined to include, but should 23 have included within her remonstrance 24 certification as alleged in your petition, 25 identify and list all facts and documents 23 1 supporting your contention, and identify each 2 witness you intend to call to testify in support 3 of your contention." 4 Do you see that? 5 A Yes. 6 Q If we go to page 15, in the supplemental answer 7 it says, "Properties owned or directed as LLCs 8 in 1A by," and then it says on the next line, 9 "John Byers in Annexation Area 1A. Any 10 properties that were disqualified by the auditor 11 due to information received by auditor from the 12 City after 1/6/22." 13 Do you know -- can you offer anything in 14 terms of disqualified petitions -- 15 A No. 16 Q -- for your LLCs? 17 A No. 18 Q Did you sign a remonstrance petition for any of 19 your properties? 20 A No. 21 Q Did you sign a petition on behalf of your LLCs 22 for any properties? 23 A No. 24 Q At your home, do you receive sewer and water 25 service? 24 1 A Yes. 2 Q From Bloomington? 3 A Yes. 4 Q Do your rental properties all receive sewer and 5 water? 6 A Yes. 7 Q From Bloomington? 8 A Yes. 9 Q Is there anything else you could tell me or want 10 to offer about why you're opposed to the 11 annexations that we have not talked about 12 already? 13 A No, not really. 14 MR. UNGER: No further questions. 15 CROSS-EXAMINATION, 16 QUESTIONS BY WILLIAM J. BEGGS: 17 Q John, there's maybe a couple. 18 Did the City of Bloomington ever approach 19 you or your LLC and offer you the opportunity to 20 not be annexed in exchange for paying some money 21 or doing something? 22 A No, never did. 23 MR. BEGGS: No questions. Thank you. 24 MR. UNGER: Nothing further. 25 (Time noted: 11:34 a.m.) 25 1 AND FURTHER THE DEPONENT SAITH NOT. 2 3 4 ____________________ 5 JOHN BYERS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 STATE OF INDIANA ) ) SS: 2 COUNTY OF HAMILTON ) 3 I, Janine A. Ferren, a Notary Public in and 4 for the County of Hamilton, State of Indiana at 5 large, do hereby certify that JOHN BYERS, the 6 deponent herein, was by me first duly sworn to tell 7 the truth, the whole truth, and nothing but the 8 truth in the aforementioned matter; 9 That the foregoing deposition was taken on 10 behalf of the Respondents, at the offices of 11 Bloomington City Hall, 401 North Morton Street, 12 Bloomington, Monroe County, Indiana, on the 1st day 13 of March 2024, commencing at the hour of 14 11:09 a.m., pursuant to the Indiana Rules of Trial 15 Procedure; 16 That said deposition was taken down 17 stenographically and transcribed under my 18 direction, and that the typewritten transcript is a 19 true record of the testimony given by the said 20 deponent; and thereafter presented to said deponent 21 for his signature; 22 That the parties were represented by their 23 counsel as aforementioned. 24 I do further certify that I am a disinterested 25 person in this cause of action; that I am not a 27 1 relative or attorney of any party, or otherwise 2 interested in the event of this action, and am not 3 in the employ of the attorneys for any party. 4 IN WITNESS WHEREOF, I have hereunto set my 5 hand and affixed my notarial seal on this 15th 6 day of March 2024. 7 8 9 <%21167,Signature%> ________________ 10 Janine A. Ferren 11 12 Seal, Notary Public My Commission Expires: 13 State of Indiana April 22, 2024 14 Janine A. Ferren County of Residence: Commission No. NP0681591 Hamilton 15 16 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 1100 Superior Ave Suite 1820 Cleveland, Ohio 44114 Phone: 216-523-1313 March 15, 2024 To: William J. Beggs, Esq. Case Name: County Residents Against Annexation, Inc., Et Al. v. The Common Council Of The City Of Bloomington, Monroe County, Indiana, Et Al. Veritext Reference Number: 6465811 Witness: John Byers Deposition Date: 3/1/2024 Dear Sir/Madam: The deposition transcript taken in the above-referenced matter, with the reading and signing having not been expressly waived, has been completed and is available for review and signature. Please call our office to make arrangements for a convenient location to accomplish this or if you prefer a certified transcript can be purchased. If the errata is not returned within thirty days of your receipt of this letter, the reading and signing will be deemed waived. Sincerely, Production Department NO NOTARY REQUIRED IN CA 1 DEPOSITION REVIEW CERTIFICATION OF WITNESS 2 ASSIGNMENT REFERENCE NO: 6465811 3 CASE NAME: County Residents Against Annexation, Inc., Et Al. v. The Common Council Of The City Of Bloomington, Monroe County, Indiana, Et Al. DATE OF DEPOSITION: 3/1/2024 4 WITNESS' NAME: John Byers 5 In accordance with the Rules of Civil Procedure, I have read the entire transcript of 6 my testimony or it has been read to me. 7 I have made no changes to the testimony as transcribed by the court reporter. 8 _______________ ________________________ 9 Date John Byers 10 Sworn to and subscribed before me, a Notary Public in and for the State and County, 11 the referenced witness did personally appear and acknowledge that: 12 They have read the transcript; 13 They signed the foregoing Sworn Statement; and 14 Their execution of this Statement is of their free act and deed. 15 I have affixed my name and official seal 16 this ______ day of_____________________, 20____. 17 ___________________________________ 18 Notary Public 19 ___________________________________ Commission Expiration Date 20 21 22 23 24 25 1 DEPOSITION REVIEW CERTIFICATION OF WITNESS 2 ASSIGNMENT REFERENCE NO: 6465811 3 CASE NAME: County Residents Against Annexation, Inc., Et Al. v. The Common Council Of The City Of Bloomington, Monroe County, Indiana, Et Al. DATE OF DEPOSITION: 3/1/2024 4 WITNESS' NAME: John Byers 5 In accordance with the Rules of Civil Procedure, I have read the entire transcript of 6 my testimony or it has been read to me. 7 I have listed my changes on the attached Errata Sheet, listing page and line numbers as 8 well as the reason(s) for the change(s). 9 I request that these changes be entered as part of the record of my testimony. 10 I have executed the Errata Sheet, as well 11 as this Certificate, and request and authorize that both be appended to the transcript of my 12 testimony and be incorporated therein. 13 _______________ ________________________ Date John Byers 14 Sworn to and subscribed before me, a 15 Notary Public in and for the State and County, the referenced witness did personally appear 16 and acknowledge that: 17 They have read the transcript; They have listed all of their corrections 18 in the appended Errata Sheet; They signed the foregoing Sworn 19 Statement; and Their execution of this Statement is of 20 their free act and deed. 21 I have affixed my name and official seal 22 this ______ day of_____________________, 20____. 23 ___________________________________ Notary Public 24 ___________________________________ 25 Commission Expiration Date 1 ERRATA SHEET VERITEXT LEGAL SOLUTIONS MIDWEST 2 ASSIGNMENT NO: 3/1/2024 3 PAGE/LINE(S) / CHANGE /REASON 4 ___________________________________________________ 5 ___________________________________________________ 6 ___________________________________________________ 7 ___________________________________________________ 8 ___________________________________________________ 9 ___________________________________________________ 10 ___________________________________________________ 11 ___________________________________________________ 12 ___________________________________________________ 13 ___________________________________________________ 14 ___________________________________________________ 15 ___________________________________________________ 16 ___________________________________________________ 17 ___________________________________________________ 18 ___________________________________________________ 19 _______________ ________________________ 20 Date John Byers 21 SUBSCRIBED AND SWORN TO BEFORE ME THIS ________ 22 DAY OF ________________________, 20______ . 23 ___________________________________ Notary Public 24 ___________________________________ 25 Commission Expiration Date