Durham Farms #1 - Page 64




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          breeding partnerships’ purportedly recourse notes against a                 
          partnership and its partners on a genuinely recourse basis.  In             
          that regard, the Court does not find believable Jay Hoyt’s                  
          testimony to the contrary.                                                  
               Jay Hoyt testified that although the cattle-breeding                   
          partnerships formed before 1986 (including several of the seven             
          in the instant cases) had been limited partnerships, by about               
          1986 many of them had been converted to general partnerships                
          following the execution of restated partnership agreements for              
          them.  Even before this conversion, he added, limited partner               
          investors had executed assumption agreements, pursuant to which             
          they agreed to be fully personally liable for all amounts owed              
          under the “Full Recourse Promissory Note” their partnership had             
          issued for its purchased breeding cattle.  He related that he               
          typically had signed an individual investor’s name to an                    
          assumption agreement on behalf of that investor, pursuant to a              
          power of attorney the investors had granted him.37                          


               37Many of the alleged partnership agreements, promissory               
          notes, and other related documents that purportedly were executed           
          during the 1987 through 1992 period do not appear in the record.            
          Jay Hoyt claimed that these documents were unavailable because              
          they had been seized by postal inspectors from the Hoyt                     
          organization’s offices in June 1995.  However, as indicated                 
          earlier supra note 19, the postal inspector who conducted the               
          seizure also testified.  This postal inspector related that he              
          had (1) provided Jay Hoyt with an inventory of the seized                   
          documents shortly after the seizure was effected, and (2) later             
          (a) offered Jay Hoyt and other Hoyt organization representatives            
          access to the seized documents and (b) provided them with copies            
                                                             (continued...)           





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