- 10 - The third document, titled “Instructions to Hoyt and Sons Ranches -- Acknowledgement of Appointment of Power of Attorney”, provided: (1) I have given Walter J. Hoyt III the irrevocable authority to sign my name to a Certificate of Assumption of Primary Liability Form as part of a transfer on a full recourse Promissory Note in the amount of $75,000.00, that will become part of a transfer of debt agreement between me, the Partnership known as Shorthorn Genetic Engineering 1986 Ltd., and HOYT & SONS RANCHES, said note having been delivered to HOYT & SONS RANCHES to pay for breeding cattle purchased from HOYT & SONS RANCHES, an Oregon Partnership, in Burns, Oregon, which are to be held as breeding cattle by the above named Partnership. This authorizes Mr. Hoyt to sign my name on the notes that were made for the purchase of Registered Durham Breeding cattle from HOYT & SONS RANCHES, and no other purpose. I understand I will owe this amount directly to HOYT & SONS RANCHES, and not to my partnership. * * * * * * * (4) My goal is that the value of my share of the cattle owned by the Partnership, in which you have a secured party interest, must never fall below the amount for which I am personally liable. If the value of my cattle does fall below the amount of my loan, and you become aware of that, you must so notify me within thirty days in order that I may make a damage claim to W.J. Hoyt Sons Management Company for possible default on the Share-Crop Operating Agreement, and/or the cattle fertility warranties. The final document was titled “Subscription Agreement -- Shorthorn Genetic Engineering 1986 Ltd. -- Series ‘C’ Units”. This document expressed petitioner’s intent to make a capital contribution to and become a limited partner of SGE 86 by purchasing units valued at $75,000. Included with this document was a “Power of Attorney” form, which provided in relevant part: The UNDERSIGNED hereby constitutes and appoints Walter J. Hoyt III his/her true and lawful attorney with power andPage: 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