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Early laws based on common practices, use and court decisions |
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Residential, Commercial, InIndustrial, Mixed-use h TV, Agricultural and Special Purpose |
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A member of the Nat'l Assn of Real Estate Boards |
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A trademark used to define a member of a local association of realtors |
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A licensed individual performing RE activities associated with a RE Broker |
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TEXAS REAL ESTATE COMMISSION 12345 6789 |
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A group of (6) Brokers & (3) members of the public establised in 1949. All are appointed by the Governor and appoved by the Senate serving a (6) year term to oversee licensing and certification to "protect the public" |
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TEXAS REAL ESTATE LICENSE ACT |
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A statute passed in 1949 to control the licending and practices of RE licensees |
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TEXAS RE BROKER-LAWYER COMMITTEE. 6 + 1 + 6 = 13membrs |
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The commmittee that drafts and revises standard contract forms to be used by RE licencees |
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The surface of the earth , every thing above and below it including the trees and water |
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The legal right to use the open space above a parcel of land |
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SUB SURFACE RIGHTS ( minerals ) |
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The legal right to use the space and or minerals below a parcel of land |
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Land and all things permanantly attached to it including ownership rights and interests. |
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Movable objects also called personalty and or chattels |
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An item of personal property that is affixed to real property |
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legal interest of land ownership which include: Possession Control, Enjoyment, Exclusion and Disposition.[image] |
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Movable personal property. (Chattle souns like cattle)[image] |
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Moveable crops such as wheat, corn, grapes etc...[image] |
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A personal property item that has been permanently affixed to the real property so as to become part of the real property |
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Moveable crops such as wheat, corn, grapes etc...[image] |
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Expensese of real property including materials, labor, permits etc... |
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The amount that the buyer is willing to pay |
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A fair and acceptable amount for goods or services |
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An antisipated or expected amount of value or benefit recieved |
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A monatary amount or benefit recieved from an improvement |
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A place where the price for goods and services are established |
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An available amount of goods and or services in a given marketplace. ( Supply and Demand move in opposite directions ) |
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The desireability of goods and or services in a given marketplace. ( Supply and Demand move in opposite directions ) |
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Federal Emergency Management Agency |
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The amount of income derived from the sale of an asset |
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Profit amount remaining after debt settlement |
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A clause in a homeowners insurance policy requiring a minimum of 80% coverage. |
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A document added or attached to the original insurance policy |
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LAND- PHYSICAL CHARACTERISTICS ( iin shape ) |
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Immobile, Indestrucible, Non-homogeneous {i[image]mage: iin shape |
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LAND- ECONOMIC CHARACTERISTICS $$$ A.R.I.P.$$$ |
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Area preference, Relative scarcity, Improvements, Permanance[image] |
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WATER RIGHTS R-river L-lake |
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R- Riparian rights[image]L-Littoral {image:627w421533869.jpg" align="center">l rights{image:Lake |
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1.Labor supply 2.Construction & materials costs 3.Gov't controls & policies ie..taxes, zoning and permits |
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1.Area demographics 2.Area population 3.Employment & wages |
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FEE SIMPLE ( FEE SIMPLE ABSOLUTE ) |
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Simply put "Fee Simple is the absolute highest form of ownership. |
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Principal, Interest, Taxes and Insurance are the costs of homeownership. " What a pity" |
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DEBT TO INCOME RATIO ( DTI ratio) |
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$500,000 Married $250,000 Single Occupants two of the last five years |
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RULE OF CAPTURE ( Ground Water Rights ) |
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A homeowner may drill a well and pump out the water. |
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The right to use any body of water. |
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The Association of Real Estate License Law Officials- Operate in the scope of promoting uniformstandatrds and policies of license law administration nd enforcement |
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The Texas law which oversees TREC and other state agencies to evaluate its purpose. |
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A licensed agent authorized to operate a RE brokerage business |
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A duly licensed individual who performs real estate transactions for their sponsoring broker. |
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TRELA (Texas Occupations Code) |
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Texas Real Estate License Act- The laws administerd by TREC that regulates real estate. |
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A notice of up and comming license expiration mailed to the licensee 60-90 days prior if there is no email on file |
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A licensees change in mailing address and contact information must be reported to TREC within 10 days. |
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INFORMATION ABOUT BROKER SERVICES ( IABS ) |
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A form required to be given to prospective real estate principal at the first substantive discussion. ( Not required at an open house ) |
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7 PROTECTED CLASSES ( F.R.e.S.H C.o.R.N. ) ( Fair housing ) |
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1. Familial status 2. Race 3. Sex 4. Handicap/Disabled 5. Color 6. ReligioColor 7. Nat'l origin |
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4 GOVERNMENT POWERS OVER LAND ( P.E.T.E. ) |
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Police power Eminent domain Taxes Escheat |
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An " enabiling act" of the state to preserve order and protect public health, safety, morals and general welfare. |
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The government's power to condem private property for public use. |
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The governments power to impose charges to raise funds to meet the public needs |
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The goverments power to possess ownership of real and personal property absent heirs or a will upon their death. |
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A form of Fee Simple ownership. that defeated on the occurrence or non occurrence of a particular event. |
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A form of fee simple estate that automatically terminates on the occurrence of a specified event |
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FEE SIMPLE SUBJECT TO A CONDITION SUBSEQUENT |
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A fee simple ownership that exist provided a condition is met. ie: A parcel of land donated only for a park. |
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A a competent party who is The giver or the person transferring the deed. |
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The person who receives the deed from the grantor |
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Something of value given in exchange as payment |
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GRANTING CLAUSE ( Words of conveyance ) |
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words that Express the act of giving transferring selling or granting and quit claim |
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HABENDUM CLAUSE "to have and to hold" |
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A clause in the deed that begins with the words " to have and to hold" |
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The Final Act of transferring title |
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1. General warranty 2. Special warranty 3. Bargin and sale ( without warranty) 4.Quitclaim deed |
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the type of deed that offers the greatest protection or amount of warranties. ( Grantor warrants the title unconditionally ) |
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A warranty in which the grantor only warrants the property during that special time that they owned it |
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BARGAIN AND SALE DEED ( Deed without warrrany ) |
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" As is" No warranty against leins or encumbrances |
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A deed without warranty and will also release an individuals. interest in the property thank you |
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1. Covenant of seisin 2. Covenant against encumbrances 3. Covenant of quiet enjoyment 4. Covenant of further assurance 5. Covenant of. warranty forever |
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A Covenant that "sesin" the deed that the Grantor is the owner |
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DEED OF TRUST ( Mortgage ) |
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A deed that is placed in trust with a trustee as security by trustor until the occurrence of a future event. |
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A deed awarded by court order |
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Alienating ones self from the property by means of a gift or sale |
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Alienating ones self from the property by means of a undue force such as a forclousure, escheat, erosion or eminent domain |
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ADVERSE POSSESSION ( Squatter rights ) |
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the process of obtaining a person's land do to open notorious hostile and uninterrupted tenancy usually after a period of 3, 5, 10, or 25 years |
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The person who has a will made |
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"D Real Property mann!" ) {[image]image:a7a9b71533889|center}. A gift of Real Property by the testor ( D Real Property |
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A gift of "personal property"" ( "It B personal homie!"[image] ) |
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Diying with a a valid will in place |
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Diying without a valid will or hiers |
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1. Legal age 2. Sound mind 3. Proper wording 4. No duress 5. Signed 6. Witnessed |
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a court process where a will is determined valid |
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onveying property to heirs absent a will by the deceased |
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Property owned equally by husband and wife in Texas |
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Property owned by one spouse prior to the marriage. ( signatures of both husband and wife are required to convey ) |
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An addition made to a will ( Codicil; change a will ) |
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a legal document that disposes property based on the wishes of the deceased |
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A will written, signed and dated by the testator. No witness required |
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a person who signs an affidavit in front of a notary |
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1.Appurtenant 2.Implication 3. Neccesity 4. Prescription |
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A right to cross someones property as an only means of access. ( Both lots must have existed ad one single property at one time) |
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An easement or right to use or pass through someone's property. Use must be open, adverse snf notorious for a period of 10 year. ie:.. A bike or walking trail[image] |
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An easement that serves two adjacent properties. ( Run with the land [image]) |
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Right of a landowner to use water from a river. [image] |
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Right of a land owner to use water from a lake[image] |
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A "Life Estate" based on someone else's life. ie...The granting of a property to a caregiver until the patient dies. |
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"Let the buyer beware"[image] |
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The land owner who benefits from an easement. |
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The land owner who allows an easement on[image] his property to serve its purpose |
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The earliest syastem of land ownership based on hostility[image] |
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The current system of land ownership based on legal rights |
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The granted right to ease onto and use someone's property |
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A homeowners primary residence that is protected from and exempt from forced sale. |
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A party to whom the title of the property will pass to upon the occurrence of an event. Ie; The husband has a life estate which names his wife as the beneficiary. She hold a "remainder interest" |
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A designated party to whom the title of the property will pass to upon the ocdeath of a life estate owner. Ie; The husband has a life estate which names his wife as the "remainderman" |
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A freehold estate that conveys to to a named party upon the death of the owner |
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The process whereby title of the property reverts back to the owner or his heirs. |
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Urban: 10 acres Rural: 200 acres |
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A right to use anothers property for gas lines, phone lines, right of way etc... |
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1. Requires two separate properties 2. Written agreement or by deed 3. Necessity 4.Prescription 5.Implication 6.Express grant ( deed ) 7. Express reservation |
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An implied right to use anothers property. ie.. A purchaser of anothers mineral rights. |
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1. Tenants in common 2. Joint tenancy 3. Community property |
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1. Two or more persons in the same bldg. 2. Share an "Undivided interest 3. Assumed by the courts unless stated 4.Unity of possession 5.Can be conveyed [image] |
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Ownership by a sole owner severed from everyone else |
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Ownership whereby the title is held by a third party for the beneficiary |
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Ownership by two or more persons usually includes: 1. Right of survivorship" 2. Signed agreement 3. Requires the four unities of time, title, interest and possession |
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A means whereby a person may manage and or transfer ownership of property during or after their lifetime |
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1. Living 2. Testemetary 3. Land |
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property ownership whereby each spouse holds 50% ownership {image:707j6w1547410|center |
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Sole ownership of a single unit dwelling along with an "undivided" interest in the common elements. ie; pool, parking etc...[image] |
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A residential multihousing building where title is owned and maintaied by a corporation for the benefit of its shareholder occupants who hold[image] a "proprietary lease" |
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An agreement or arrangement between two or more persons to operate a business as co-owners |
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A type of partnership where each partner shares in the operation and administration of the entity. |
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A partnership that includes at least one "General Partner" who oversees operations, administration and the "Limited Partner" does not. The Limited Partners loss is limited to the amount of their investment. |
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A group of individuals or companies that pool their money together to invest in real estate |
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A right of a Joint Tenant or Community Property spouse to inherit the ownership rights of their deceased partner. |
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