Rancho Residential Services Trust, Robert Hogue, Trustee - Page 9




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          be determined in accordance with the law of the jurisdiction from            
          which such person’s authority is derived.”  However, Robert Hogue            
          failed to provide the Court with documentary evidence necessary              
          to support his contention that he is vested with authority to                
          institute this action on behalf of Rancho Residential under the              
          law of any relevant jurisdiction.                                            
               As previously discussed, Rancho Residential presented the               
          Court with a purported trust instrument, dated August 15, 1996.              
          The preamble of the purported trust instrument identifies a                  
          Jeffery Williams and a Douglas Carpa as “trustees”.  Further,                
          paragraph Ninth of the purported trust instrument explicitly                 
          requires the trustees to execute the purported trust instrument              
          accepting their appointment on behalf of American Financial                  
          Services as trustees for Rancho Residential.  However, only                  
          Jeffery Williams executed the purported trust instrument                     
          accepting his appointment on behalf of American Financial                    
          Services as a trustee for Rancho Residential.  In contrast,                  
          Douglas Carpa did not execute the purported trust instrument                 
          accepting his appointment on behalf of American Financial                    
          Services as a trustee for Rancho Residential.  Therefore, Douglas            
          Carpa is not a trustee for Rancho Residential.  Accordingly,                 
          Douglas Carpa’s purported appointment, in his capacity as the                
          “Resigning Trustee for American Common Trust”, of Robert Hogue as            








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