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ZANZIBAR REVOLUTIONARY GOVERNMENT

R . . Nu .... _ L. 2726 eg1stration mucr.-............ __

CERTIFICATE OF REGISTRATION

' ~~AT A COMMtJ1. ITY FOUND TION I, HEREBY CERT~ that ......................................................................................... ..

has this day been registered under the Societies Act No. 6 of1995.

GIVEN . . 14th Novembe at Zanzibar this ........................ ~ day of ...................... Two Thousand and 31X.

8event eno .

lJ s -~-------·------·------·----·-----

Registrar of Societies

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THE SOCIETIES ACT [NO. 6] OF 1995

SOCIETY

CONSTITUTION

OF

ASSALAM COMMUNITY FOUNDATION

Incorporated this ....... day of .................... , 2017

TABLE OF CONTENTS:

Pg PREAMBLE

CHAPTER ONE ESTABLISHMENT OF DESIGNATION

Article 1 DESIGNATION 4 2 INTERPRETATION 4 3 ADMINISTRATION 5 4 OBJECTIVES OF THE TRUST 5 5 POWER AND DUTIES OF THE TRUST 5

I CHAPTER TWO MEMBERSHIP

Article 6 MEMBERSHIP 7

I 7 MEMBERSHIP CONDITION 7 8 RIGHTS OF MEMBERS 7 9 DUTIES OF MEMBERS 8

I 10 CESSATION OF MEMBERS 8 11 POWERS OF APPOINTING,ADDING 9

OR REMOVING TRUSTEES

I 12 TERMINATION OF TRUSTEESHIP 9 13 BENEFICIARIES 9 14 MANAGEMENT OR 9

ADMINISTRATION OF THE FOUNDATION

15 OFFICERS 9

CHAPTER THREE PREPERA TION OF MEETING

Article 16 GENERAL MEETINGS 12 17 FUNCTION OF GENERAL MEETING 13 18 QUORUM 13 19 VOTING 13

I 20 MINUTES 13 CHAPTER FOUR

I PREPERATION OF REGULATION Article 21 GENERAL POWER TO MAKE 14

I REGULATION 22 BANK ACCOUNT 14

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23 ACCOUNTS 14 24 AMENDMENT OF THE FOUNDATION 14 25 SEAL 14

CHAPTER FIVE DISPUTE RESOLUTION

Article 26 CONFLICT RESOLUTION 27 DETERMINATION OF THE

FOUNDATION

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ASSALAM COMMUNITY FOUNDATION

THIS DEED OF TRUSTEES. made at Zanzibar this .. . .... . . day of ... .. .. .... . ... . 2017 by

Mr. Yenturk and MrsYenturk, who are residence of KIZIMKAZI of P.O. BOX 1541,

KIZIMKAZI DIMBANI, Zanzibar (hereinafter referred to as Settlers of the Foundation

which expression unless gross to the context or meaning thereof includes their heirs,

executors, and administrators);

WHEREAS the Settlers are longing for creating and establishing a Foundation called

ASSALAM COMMUNITYFOUNDATION (hereinafter referred to as "the

Foundation") for undertaking charitable activities.

AND WHEREAS the Settlers have to perform Assalam Community Foundation as the

first trustee and the Foundation have accepted by the Settlers;

AND WHEREAS it is the desire of the Settlers of the Foundation that the Corpus of the

Foundation may be further increased from time to time by flow of funds and other assets

including moveable and immovable and any other kind by way of Gifts, or Donations,

acquisitions, allotments, grant exchange or otherwise etc.;

AND WHEREAS the following persons are appointed to be SETTLERS for holding the

Said property in Foundation for the purposes detailed in this Foundation:

(i) Mr. Yenturk of P. 0. Box 4541Kizirnkazi, ZANZIBAR

(ii) Mrs.Yenturk of P.O. Box4541kizirnkazi, ZANZIBAR.

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PREAMBLE

Whereas, Zanzibar is archipelago of two main Island UNGUJA AND PEMBA, which consist five regions and eleven districts, Zanzibar has an estimated total population 1,303,569, (2012 census) AND;

Whereas, Due to various factors based in the social and economic facilities in Zanzibar specially in the underprivileged Communities bounded Zanzibar's villages, THE ASSALAM COMMUNITY FOUNDATION focus in the main issues in Zanzibar specially in the EDUCATION AND HEALTH services to the societies; AND

Whereas, The ability of the Government to provide all social and economic facilities and services is limited due to shortage of resources; AND

Whereas, the development of any country depend up of availability of services need such as Education, Health and Water; AND

Whereas, The founders of this Foundation have recognized the existence of various challenges facing Zanzibar community of the education and health regard less the existence of various Foundation and Organization; AND

Whereas, Shortage of health tools and services in the community. Therefore in the hospitals there are challenge of tools which are very necessary for treatment, in order to secure the life of people, due of the challenge which results to accelerate death to public and hinder to be inefficiency for the doctors, so after being registered this foundation will have support the health sector so as to reduce the problems of the tools and services in the hospitals; AND

Whereas, The challenge of Lack of education in the Zanzibar community. It is very common problems which hinder special needs to the children and orphans families in Zanzibar, especially in the underprivileged Communities bounded Zanzibar's villages, these families need more pressure to change their attitude towards these issues. We have observed a large gap between town and rural area for a number of inexpert people and the rural area are leading. AND

Whereas, The challenge of poverty in the Zanzibar community. It is very important area to support special community which faced the problems of foods and clothes, as we know that some of the communities have no ability to afford even one meal per day example of these elc:lers and other street children and orphans. So this Foundation will haveprovige the charity to the community; AND '

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Whereas, Shortage of water. It true in some areas there is shortage of water especially in the rural areas, where by human being go after for finding this service, so this situation may lead some bad consequences such as tiredness of the body due to the long distance, and distance due to the dirty water, so this foundation will have charity to this service to dig the wells in different areas in order that to ensure this service of water available. AND

Whereas, The Foundation provide Support in the religious activities in the community such as to provide Islamic knowledge and support construction orphanage centers, Mosques and Madras in order the societies to grow up under the Islamic system; AND

Whereas, To provide education concerning environment protection, this another challenge which facing most of Zanzibar community to protect environment due to the lack of knowledge to the most of people the thing which lead them makes· un systematically cutting of forest for their domestic usage.

Whereas, The Government has from time to time called religious communities and groups to use their ample abilities to assist the government in providing social and economic service for the welfare and development of all the people of Zanzibar; AND

Whereas, It is recognized that, the Muslim professional community of Zanzibar can be mobilized to use their ample potentials to solve problems related to their religious needs and able to provide social and economic facilities and services for the welfare and development of all Zanzibarians,

THEREFORE, We Muslims, meeting 25th day of August 2017, do hereby resolve to establish a foundation to be known as "ASSALAM COMMUNITY FOUNDATION" so as to complement the Government efforts on the aforementioned items.

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1. DESIGNATION a) Name

CHAPTER ONE

ESTABLISHMENT OF DESIGNATION

The name of the Trust shall be ASSALAM COMMUNITY FOUNDATION, (Othetwise referred to as "ACF")

b) Location and Address The Trust head office shall be in Zanzibar, the address of the trust shall be ABDUL-AZIZ HOUSE DIMBANI, KIZIMKAZI P.O.BOX 4541 ZANZIBAR.

c) Language The official language of the trust shall be Swahili and English

d) Status Assalam Community Foundation is non-governmental organization; the Foundation shall be Board Corporate and shall a) Have Official seal and perpetual succession b) In its cooperate name be capable of sue and being sued c) Be capable of holding, purchasing, acquiring in any legal way, disposing, letting and

renting of any movable and immovable property d) The foundation is non- political and non-profitable one

2. INTERPRETATION Unless expressed otherwise in the constitution, the following words shall have the

following meaning "ACF" is an Assalam Community Foundation "ASSALAM COMMUNITY FOUNDATION" means the Foundation established under Article 1 of this Constitution "BOARD" means the Board of trustee of Assalam Community Foundation of this constitution "GENERAL MEETING" this is the Board of trustee meeting healed after annual as under Article 16 (i) of this Constitution

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"CONSTITUTION" means the constitution of Foundation Assalam Community and includes its amendment as under Article 24 of this Constitution "FOUNDER MEMBERS" means the Executive Committee of Assalam Community Foundation established under Article 6 (i) of this Constitution

"FOUNDATION" means Assalam Community Foundation of this Constitution

"GENERAL POWER" means the Body of Trustees shall have full power to make regulations established under Article 21 of this Constitution "REGISTRAR" means the Registrar of the Society appointed under section 9 of the

society Act No 6 of 1995

3. ADMINISTRATION

ACF Shall be administered and managed by the trustees under the name of "ASSALAM COMMUNITY FOUNDATION" or by such other names as the trustees may from time to time decide, subject to approval by the Register General.

4. OBJECTIVES OF THE TRUST

1. Provide Islamic knowledge to Muslims. 2. Initiate, develop and implement various Education projects for the purpose of increasing the

level of education to the disadvantage communities. 3. To organize cattle slaughtering and distribution of meat to underprivileged people. 4. To distribute Food packages, clothes, medicines, to unfortunate people. 5. To provide emergency relief to the communities affected by Natural and Non Natural

calamities such as flood, fire, earthquake etc. 6. Improve communities Health through programs such as HIV consultations, Blood donation,

Malaria prevention etc. 7. To provide education concerning environment protection. 8. To acquire and dispose fixed and movable properties for proper fulfillment of ASSALAMs

objectives. 9. Initiate, develop and implement various economic projects with the view of alleviating

poverty. 10. To provide clean and safe water to the community through drilling of bore holes etc. 11. Support or build orphanage centers, Mosques and Madras. 12. Own or acquire moveable or immovable properties adequate and necessary for facilitating,

carrying the objectives here in prescribed. 13. To organize relevant seminars, workshops, study -tours, debates, symposia, lectures,

researches, conferences and the like.

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5. POWER AND DUTIES OF THE TRUSTEES

a) The business of the trust shall be carried out jointly by the trustees constituting themselves as a Board of Trustees.

b) In pursuance of the objects of the trust as foretasted, the trustees shall have the following powers and duties.

1. To organize fund raising activities for the purpose of furthering the objectives of ACF.

n. ACF may for the purpose, receive any monies or property as donation or otherwise for the purpose of carrying out the functions within the jurisdiction of its mandate, provided that such accruals shall be disposed in a manner that is not intended for profit.

111. To acquire premises necessary or convenient for the conduct of the affairs and business of ACF and May, for the purpose, buy, take in exchange, hire or otherwise acquire immovable property and interest, rights and privileges in respect of the premises or properties.

1v. To invest monies and other properties of the trust upon such security as may be determined.

v. To open and administer banking accounts whether current, saving or fixed deposits, with any registered bank or financial institution.

v1. To do all lawful acts and things as are conductive to or necessary for the attainment of all or any of the objectives of Foundation.

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CHAPTER TWO

MEMBERSHIP

6. MEMBERSHIP

The Foundation shall have the following categories of members.

i) Founder Members, are those persons who signed in application form during the application for registration of ACF and continue to be member thereof

ii) Ordinary Members are those who shall join the membership after ACF is registered, by applying to Executive Committee given .such membership through prescribed procedure and admitted as member upon fulfillment of conditions and accept the terms of this Constitution.

iii) Honorary Members are those members honored as such by ACF Executive Committee for his or her contributions in helping the ACF.

7. MEMBERSHIP CONDITIONS

Ordinary Membership shall be given to the person who possesses the following qualifications.

i) Sound mind.

ii) 18 years of age or above. and

iii) Be ready to volunteer physically and financially for ACF.

iv) Interested and understand the objectives of the ACF

v) Not convicted for criminal offences sentenced and imprisoned for a team exceeding six months.

8. RIGHTS OF MEMBERS

Members of ACF. Shall have the following rights:-

i) Subject to this Constitution, to attend all meetin~\ pLACF and participate m deliberations and decision making at the meetin~

ii) To request and obtain information, in connecticft\ l\'ith ACF .ictivities.

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iii) To receive publications and other information that may be distributed by ACF.

iv) To be heard and informed in any allegations.

v) To be respected.

9. DUTIES OF MEMBERS

1. Members shall in accordance with this Constitution have the following obligations:

i) To settle their financial obligations towards ACF promptly.

ii) To attend all meetings duly convened by ACF on time.

iii) To undertake any assignments that may be required by AFC

iv) To respect other members as well as public in general.

v) Not to use the Foundation and its properties for his private interests.

vi) He should not reveal the secret of the Foundation.

2. With exception to honorary member and subject to the provisions of this Constitution, every member shall be bound by the above rights and duties.

10. CESSATION OF MEMBERS

A member shall cease to be a member on any of the following grounds:

a) Termination by the Executive Committee

b) Voluntary resignation

c) Death

d) Dissolution of the Foundation

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11. POWERS OF APPOINTING, ADDING OR REMOVING TRUSTEES

The powers of appointing new or additional Trustees or removing the Registered Trustees of this Deed shall be vested in the founder of the Foundation provided that the number of trustees shall not be less than five and not more than ten, and provided further that the power to appoint new Trustees shall be subject to the following requirements.

1. A person who believes in, accepts, or adheres to the objectives of this Trust. 11. A Trustee must be attaining 18 years of age. m. The term of the Trusteeship if five years and renewable exclude the founder of the

foundation

12. TERMINATION OF TRUSTEESHIP

Trusteeship shall cease on either of the following: 1. Conviction of an offence involving the Trust property.

11. Expulsion. iii. Death. iv. Resignation. v. Insanity.

13. BENEFICIARIES

The Community or member of the public on whom the Trustees shall approve.

14. MANAGEMENT/ ADMINISTRATION OF THE FOUNDATION

The Board of the Trustees shall have the general and exclusive management and all and administrative functions or any business relating to the Trust upon approval in writing by the Trustees, as the Trustees think fit.

15. OFFICERS

1. CHAIRPERSON

a. There shall be a Chairperson for the administration of the Foundation, nominated by the Board of

Trustees, who shall be one amongst Foundation for such period, in such manner as may be specified

in this behalf.

b. The duty and responsibility of the Chairperson of the Trustees to: i. Supervise all business of the Foundation

11. To preside at all meeting of the Board 6f!f.rustees 111. To take all necessary measures to protect the interests of the foundation

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2. VICE CHAIRPERSON

a. The Vice Chairperson shall be nominated by the Board of Trustees who shall -.. one amongst foundation for such period.

b. The function and responsibility of the Vice Chairperson of the Trustees to: 1. In such manner he received order and instructions as may be specified

the Chairperson. ii. He shall take all duties and responsibilities of the Chairperson in the e, ..

of his absence.

3. SECRETARY GENERAL

The secretary shall be an ex-officio member of the Board of Trustees and shall responsible for the following:

1. To organize elections to the Foundation in accordance with standing orders and keep the minutes of the meetings of the Board of Trustees.

11. To maintain all records and seals of the Foundation. 111. To take care of the day to day activities of the Foundation to be the secretar)

of all meetings. 1v. To represent the Foundation in its relations with internal and international

matters. v. Shall be the Chief spoke person of the Foundation.

vi. To implement the decision of the Executive Committee and General Meeting with recommendations.

vii. Shall perform any other such duties as designed by the Executive Committee or General Meeting.

4. DEPUTY SECRET ARY GENERAL

The shall be Deputy Secretary General shall be an ex-officio member of Board of Trustees and shall be responsible for the entire duties specified and done by Secretar) General in the event of his absence.

The duty and responsibility of the Deputy Secretary General;-

a. The Chief Assistant of Secretary General b. Shall perform and assume the functions of Secretary General in his absence c. Shall perform any other such duties as designated by the Executive Committee or

General Meeting.

5. TREASURER

There shall be a Treasurer of Foun,dation, nominated by Board of Trustees who shall be one amongst of the trustee of the Foundation.

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The duty and responsibility of the Treasurer of the Foundation:-

1. To supervise and Control all assets of the Foundation. ii. To preside all funds of the Foundation. m. To take all necessary measures to protect the interests of the

foundation and responsible for all funds, financial affairs, records and securities of the foundation.

1v. To prepare a summary of the association's financial report once a year or at a time to be set by the Foundation.

6. ASSISTANT TREASURER

There shall be Assistant Treasurer who works behalf of the treasurer for the management of funds and assets controller of the Foundation, nominated by the Board of Trustees, who shall be one amongst of the trustee of the Foundation.

The duty and responsibility of Assistant Treasurer;-

a. The chief assistant of Treasurer b. Shall perform and assume the function of Treasurer in his absence. c. Shall perform any other such duties as designed by the Executive

Committee or General Meeting.

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CHAPTER THREE

PRE PERA TION OF MEETING

16. GENERAL MEETING

1) There shall be the General meeting of ACF consisting of members of Foundation and it shall be the Governing Bpard of this Foundation. The General Meeting the Trustees shall meet once in every year.

2) There shall ordinarily be convened an Annual General Meeting of ACF in every calendar year during the month of July at a place and time to be determined by the Executive Committee

a. The Chairperson of the ACF shall be head of the Annual General Meeting. b. The Trustees shall ordinarily meet once in every three months or as often as

may be necessary for the satisfactory conduct of the affairs of the Trust. c. Meetings of the Trustees may be called by the Chairman or any three

Trustees upon not less than four days notice being given to the other trustees of the matter to be discussed, but if the matter included an appointment of a Trustee or proposal to amend any of the Constitution of the Trust, then upon not less than twenty one notice being so given.

d. Any other General Meeting of the members of ACF. Other than the Annual General Meeting shall be called Extra-ordinary General Meeting which shall be made by executive committee or 15 of the members may apply petition.

e. The quorum at any meeting (whether Annual General Meeting or Extra Ordinary General Meeting) shall be one-third of the members of ACF. The majority of the members present and voting at that meeting shall be deemed to be a decision of ACF

Except as shall be otherwise determined, all matters before the General Meeting shall be decided by a simple majority vote.

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17. FUNCTIONS OF GENERAL MEEATING

i) To receive, deliberate on and approve policies of ACF as proposed by the Executive Committee before its submission to the Registrar.

ii) To receive and deliberate on audited final account ,annual budget, operational strategic plan, and performance and other reports of ACF presented by the Executive Committee before its submit ion to the Registrar.

iii) To adopt ACF orders and policies.

iv) To here and determine appeals.

v) To expel members in accordance with this Constitution.

vi) To appoint the Trustees of ACF

vii) To approve the annual budget of ACF as proposed by Executive Committee of the foundation

viii) To receive ACF annual and quarterly plans, annual budgets, annual reports and financial statements. From the Executive Committee and approve before its submission to the Register.

18. QUORUM

There shall be a quorum of the Body of Foundation; the quorum for the Meeting of the Board of Foundation should be more than half of members of the Board of Foundation.

19. VOTING

Every matter shall be determined by a majority of votes of the Trustees present and voting on the question. The Chairperson of the meeting shall have a casting vote except have personal interest whether he/she has not voted previously on the same question but not Body of Trustee in any other circumstances shall give more than one vote. ·

20. MINUTES

A minute book shall be kept by the Secretary of the Board of Foundation. Minutes of entry into the office of

every new Foundation and of all proceedings of the meeting of the Board of Foundation shall be entered in the

minute book and shall be signed by the Chairperson of the Meeting.

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CHAPTER FOUR

PREPERA TION OF REGULATION

21. GENERAL POWER TO MAKE REGULATIONS

Within the limits of this Deed, The Board of Trustees shall have full power from time to time make regulations for the management of the Trust and for the conduct of their business, including the calling of the meetings, deposit of money at the bank and custody of documents.

In addition to any powers or provisions for the protection of the registered Trustees, shall be entitled to exercise any powers conferred by law on Trustees if and in so far as a contrary intention is not expressed in the deed and to have the benefit of any indemnity or other protection given by law to Trustees.

22. BANK ACCOUNT

The Board of Trustees shall open, maintain and operate a bank account in the name of the ASSALAM COMMUNITY FOUNDATION. Any bank account in which any part of the Trust fund is deposited shall be operated by the Trustees and such accounts shall be jointly operated

in the manner to be decided by the Board of Foundation.

23. ACCOUNTS

The Trustees shall:-i. Keep accounting record for the Trusts for the Foundation.

11. Prepare annual statement of accounts for the Foundation. 111. Cause the auditing or independent examination of the accounts of the Foundation.

24. AMENDMENT OF THE TRUST The trustees may amend the provisions of this deed provided that: No amendment may be made to the object clause unless it appears to the trustees that the objects can no longer provide a suitable and effective method of using the Trust fund.

25. SEAL a. The Trustees shall provide a common seal which shall be kept under such custody

and control as the trustees shall from time to time determine. b. The Seal shall not be affixed to any instrument except pursuant to a resolution of the

Trustees and in the presence of at least two Trustees, and the said Trustees shall sign every instrument to which the common.

c. The seal shall be so affixed in their presence. d. The seal shall have the inscrjpt\0\1 qf tJ:te words "ASSALAM COMMUNITY

FOUNDATION". . -

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CHAPTER FIVE

DISPUTE RESOLUTION

26. CONFLICT RESOLUTION

In case of any misunderstanding in the interpretation and or execution of these presents, trustees shall nominate three Muslims scholars or a reputable Islamic organization to mediate and resolve the dispute, failure to that, laws of the country will take its natural course.

27. DETERMINATION OF THE FOUNDATION

The Trust constituted by these presents shall determine:-1. If and when the activities of the Foundation cease or are wind up. ii. By operation of the law. m. If by special resolution, the Trustees resolve that the Trust should be wound up and

dissolved. Upon such determination, any balance of funds or assets remaining unutilized and in the control of the registered trustees shall be paid to any reputable Islamic organization in Zanzibar agreed by the trustees and carrying on the activities contemplated in this constitution.

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IN WITNESS WHEREOF the said Trustees have here unto set their respective hands on the day and year first before written.

SIGNED and DELIVERED by the said ) HATICE YENTURK ) Who is known to me personally/ Identified) To me by ........................ , .. the latter being) Known to me personally in my presence ) This ......... day of ................... 2017 )

Name: ......................................... . Signature: ...................................... . Postal Address: ............................... . Qualification: .................................. .

SIGNED and DELIVERED by the said ) FATIH YENTURK ) Who is known to me personally/ Identified) To me by ........................... the latter being) Known to me personally in my presence ) This ......... day of ................... 2017 )

Name: ......................................... . Signature: ...................................... . Postal Address: .............................. .. Qualification: .................................. .

SIGNED and DELIVERED by the said ) OTHMAN OMAR SAID ) Who is known to me personally/ Identified) To me by ........................... the latter being) Known to me personally in my presence ) This ......... day of ................... 2017 )

Name: ......................................... . Signature: ...................................... . Postal Address: ............................... . Qualification: .................................. .

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SIGNED and DELIVERED by the said ) ABDALLAH HADHARI ABDALLAH ) Who is known to me personally/ Identified) To me by ........................... the latter being) Known to me personally in my presence ) This ......... day of ................... 2017 )

Name: ............................. . ........... . Signature: ...................................... . Postal Address: ............................... . Qualification: .................................. .

···-~·-····· TtfUSTEE

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Resim (4)Resim (5)Resim (6)Resim (7)Resim (8)Resim (9)Resim (10)Resim (11)Resim (12)Resim (13)Resim (14)Resim (15)Resim (16)Resim (17)Resim (18)Resim (19)Resim (20)Resim (21)Resim (22)Resim (23)Resim (24)