Donald J. Barnes and Beverly A. Edwards, f.k.a. Beverly A. Barnes - Page 9

                                        - 9 -                                         
          sale”, a “full recourse promissory note”, a “certificate of                 
          assumption of primary liability”, a “sharecrop operating                    
          agreement”, and a “security agreement--registered sheep”                    
          (collectively the “sheep sale agreements”).  The sheep sale                 
          agreements purported to document the purchase of registered                 
          purebred Rambouillet and Suffolk breeding ewes from Barnes                  
          Ranches.  While Mr. Hoyt and David Barnes were the principal                
          individuals involved with the sheep sale agreements, Mr. Hoyt and           
          the Barnes family were not independent parties acting at arm’s              
          length insofar as RCR #1's sheep breeding activities were                   
          concerned.  Mr. Hoyt signed “assumption agreements” on behalf of            
          individual partners with respect to RCR #1's promissory notes.              
          There are no bills of sale, certificates of assumption,                     
          partnership agreements, or promissory notes that were signed by             
          partners other than Mr. Hoyt.                                               
               Under the sharecrop agreements, Barnes Ranches purportedly             
          obligated itself to undertake all management with respect to the            
          sheep partnerships’ breeding of sheep, payment of expenses, and             
          provision of stud ram services.  In exchange, Barnes Ranches was            
          to receive all lambs produced and culls.  The terms of the                  
          sharecrop agreements required Barnes Ranches to maintain adequate           
          records allowing it to identify at all times RCR #1's breeding              
          sheep; to manage RCR #1's breeding sheep (which Barnes Ranches              
          purportedly did in a commingled flock with the Barnes’ own                  






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011