Ernst L. Meier - Page 5




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          petitioner alleges he agreed to loan to Blackland a maximum                 
          principal amount of up to $2 million at an annual interest rate             
          of 7.5 percent.  Other than general reference in the note                   
          referred to below to a loan from petitioner to Blackland,                   
          petitioner’s purported agreement to extend a multimillion dollar            
          line of credit to Blackland is not documented in the trial                  
          evidence.  No written loan agreement or line of credit agreement            
          was executed by petitioner.                                                 
               On April 13, 1992, a document entitled “revolving credit               
          note” was executed only by the nominal president of Blackland in            
          favor of petitioner under which Blackland purported to agree to             
          repay to petitioner funds to be extended to Blackland under the             
          above purported revolving line of credit (revolving credit note).           
          No schedule for the payment of principal or interest is set forth           
          in the revolving credit note, other than simply to indicate that            
          any outstanding principal would be payable on demand no later               
          than December 31, 1992, and, as indicated, the note makes general           
          reference to an obligation of petitioner to make a loan to                  
          B1ackland.  Petitioner, however, is not a signatory on the                  
          revolving credit note.                                                      
               Petitioner controlled and determined the stated terms of               
          Blackland’s $2 million revolving credit note.  As stated above,             
          the note was executed in 1992 by the nominal president of                   
          Blackland at the direction of petitioner.  No negotiations or               






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