James S Sparkman - Page 12

                                       - 12 -                                         
         Owner”.12  This document was signed by S. Siegert on July 15, 1994,          
         and by J. Clark Atkinson on July 18, 1994.  Mercury Solar PTO                
         minutes, signed by Atkinson on July 18, 1994, and by Sparkman on             
         July 20, 1994, state:  “At a regular meeting of the Board of                 
         Fiduciary Owner(s), it was suggested and unanimously approved”               
         that Sparkman be appointed “Agent” of Mercury Solar PTO.13  These            
         minutes state:                                                               
              The nature of his [Sparkman’s] title will be that of                    
              President, and his responsibilities are to open bank                    
              accounts, act as the official authorized signature [sic]                
              on said bank accounts and to operate the company to the                 
              same extent as if he were the owner.                                    
              According to a document entitled “CERTIFICATE RECORD FOR                
         MERCURY SOLAR”, the 100 beneficial units that had purportedly been           
         assigned to HEH on July 15, 1994, were “Released” on July 25,                
         1994.  Also on July 25, 1994, 100 units were “Assigned” to                   
         Sparkman.                                                                    
              Mercury Solar PTO minutes dated April 29, 1998, state that J.           
         Clark Atkinson appointed Amanda McKeough (Sparkman’s ex-spouse) as           




               12 J. Clark Atkinson is not otherwise identified in the                
          record.                                                                     
               13 Inasmuch as J. Clark Atkinson purportedly became                    
          “Fiduciary Owner” on July 18, 1994, and inasmuch as the record              
          reflects no other “Fiduciary Owner” of Mercury Solar PTO as of              
          that date, it seems unlikely that Sparkman was suggested as agent           
          and unanimously approved by the “Board of Fiduciary Owner(s)” on            
          July 18, 1994.                                                              





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