Ronald F. and Cynthia G. Van Scoten - Page 13

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          was similar to the first section, and it included a “Debt                   
          Assumption” provision “to memorialize, affirm and set out the               
          oral Debt Assumption Agreement” along with another power of                 
          attorney form with similar provisions as those detailed above.              
          Paragraph 5 of the power of attorney form, which differed from              
          the prior form, provided Mr. Hoyt with the authority to execute:            
                    5.  Any promissory notes, bills-of-sale or other                  
               instruments required for the conduct of the Partnership                
               business, including a certificate of assumption of primary             
               liability form attached to promissory notes and held by the            
               lender for which the UNDERSIGNED becomes personally liable             
               directly to the lender for recourse debt of the Partnership            
               in order to pay his initial capital contribution to the                
               partnership.                                                           
          On July 31, 1991, Mr. Van Scoten signed a document titled                   
          “Subscription Agreement and Signature Page for Limited Partners”.           
          This document contained provisions similar to those in the prior            
          document, and it included another power of attorney form.  The              
          document purported to evidence a financial institution’s purchase           
          of four “units” of the partnership Hoyt & Sons Ranch Properties,            
          Ltd., at a cost of $2,000, to be held in trust for the benefit of           
          Mr. Van Scoten.  When Mr. Van Scoten signed the various                     
          partnership documents and power of attorney forms, he believed              
          that petitioners would be required to repay the promissory notes            
          signed on their behalf by Mr. Hoyt.                                         
               Petitioners made substantial cash payments to the Hoyt                 
          organization during the years 1991 through 1997.  In a summary of           
          such payments prepared by petitioners, they estimate that the               





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