Myer B. Barr and Estate of Diana L. Barr - Page 9

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               3.  Fixed Schedule for Repayment                                       
               The note did not have a fixed schedule for repayment and had           
          no fixed maturity date.                                                     
               4.  Security or Collateral                                             
               No security or collateral was requested.                               
               5.  Demand for Repayment                                               
               A formal demand for payment was made by Jeffrey, on behalf             
          of petitioner, in a letter to Stephen dated August 7, 1993.                 
          Jeffrey also wrote letters to counsel for Super City Meats                  
          seeking payment on the note.                                                
               6.  Records of the Loans                                               
               The parties' personal records reflect the transaction as a             
               7.  Actual Repayments                                                  
               The record indicates that some interest payments were made.            
               8.  Solvency of the borrower                                           
               Both Super City Meats and Stephen were solvent at the time             
          of the loan.                                                                
              We believe that when Jeffrey made the advance to Stephen, he           
          had a real expectation that he would be repaid.  He knew that               
          Super City Meats was the beneficiary of life insurance on                   
          Stephen's co-owner, and he fully expected to be repaid from the             
          insurance proceeds.  By lending $100,000 to his brother, Jeffrey            
          placed himself in a precarious personal and financial situation.            
          First, Jeffrey testified that he did not have that type of money            
          in his checking account and had to borrow against his securities            

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