Eric D. Fultz and Sandra A. Fultz - Page 6

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          in both the selling and marketing of the corn committed to MCP.             
          In addition, MCP had “sole and complete discretion in all phases            
          of the marketing activity”.  The 1994 and 1995 UMAs did not                 
          obligate Fultz Farms; only Mr. Fultz and MCP were parties to the            
          agreements.                                                                 
               The UMAs specified that MCP was obligated to pay Mr. Fultz             
          for delivered corn as follows:  (1) An initial payment of 80                
          percent of the loan value per bushel of corn delivered within 5             
          days of MCP’s acceptance of the corn; (2) storage and interest              
          payments for corn delivered after October 1 of each processing              
          year; (3) an additional payment (“value-added payment”) for the             
          value added to the corn during its processing by MCP, which was             
          to be based on a yearend determination of MCP’s “net proceeds               
          from all of its operations” which would further compensate Mr.              
          Fultz for his corn and still allow MCP to retain its financial              
          integrity; and (4) patronage dividends.                                     
               Under the UMAs, Mr. Fultz was required to produce and                  
          deliver corn to MCP for processing three times a year (October              
          through January; February through May; and June through                     
          September), giving approximately a third of the total required              
          annual quantity at each delivery time.  Mr. Fultz was free to               
          satisfy his delivery obligations through several means.  He could           
          meet these obligations to MCP with corn that was grown on his own           








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