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Gentlemen:
In consideration of your carrying a partnership, trust or
joint account for the undersigned, we jointly and severally
agree to be fully and completely responsible and liable to
you for any obligations or liabilities arising in connection
therewith. Each of the undersigned shall have authority on
behalf of the partnership, trust or joint account to buy,
sell and otherwise deal in stocks, bonds and all other securities,
commodities futures contracts, forward contracts, option contracts,
options on futures or other similar instruments traded on
any U.S. or foreign exchange or market. and commodities, on
margin or otherwise (including short sales); to receive on
behalf of the partnership, trust or joint account agreements
relating to any of the foregoing matters, and to terminate
or modify same or waive any of the provisions thereof; and
generally to deal with you on behalf of the undersigned in
said partnership, trust or joint account as fully and completely
as if he/she alone were interested in said account; all without
notice to the others interested in said account. The authority
hereby conferred shall remain in force until written notice
of its revocation signed by one of the undersigned shall be
received by you.
The
undersigned further agree, jointly and severally, that all
property,
equities and credits you may at any time be holding or carrying
for any one or more of us in this or any other present or
future accounts with you, or for safekeeping, or for any purpose
whatever, shall be held by you as collateral security and
with a general lien thereon for the payment of all debit balances
and/or losses at any time existing or incurred in said partnership,
trust or joint account; and all property, equities and credits
that you may at any time be holding or carrying for us in
said partnership, trust or joint account shall be subject
to a general lien in your favor for the payment of all our
liabilities to you, however and whenever arising, whether
joint or several, whether as principal, guarantor, surety
or otherwise, and whether resulting from transactions in said
account, in any account or accounts that any of us now or
at any time hereafter may have with you, or independently
of any such account or accounts.
It
is further agreed that in the event of the death of any of
the undersigned,
the survivor(s) shall immediately give you written notice
thereof, and you may before or after receiving such notice,
take such proceeding, require suchpapers,
retain such portion of and/or restrict transactions in the
account as you may
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laws
doom advisable to protect you against any
tax, liability, penalty or loss under any present or future
or otherwise. The estate of any of the undersigned who shall
have died shall be liable, and the survivor(s) shall continue to be
liable, to you for any debit balance or loss in said account
in any way resulting from the completion of transactions initiated
prior to the receipt by you of the written notice of the death
of the decedent, or incurred in the liquidation of the account,
or the adjustment of the interests of the respective parties.
*(Without
Right of Survivorship) Upon receipt by you of notice of the
death of any us, you shall separate the account into equal
accounts, as nearly as may be practicable, in our respective
names, or in the names of our legal representatives, but the
joint and several liability of each of us, or of our legal
representatives, for any indebtedness as of the time of such
separation shall continue, an in no event shall you be liable
to any of us, or our legal representatives, for accepting
orders or instructions from any of us with reference to the
partnership, trust or joint account, until you have ad actual
written notice of the death of any of us, or actual notice
of the termination of the partnership or joint account, as
above provided.
*(With
Right of Survivorship) In the event of the death of any of
the undersigned, the entire interest in the joint account
shall be vested in the survivor(s) and the estate of the deceased
shall have no further interest therein. You shall, upon receipt
of notice of the death of any of the undersigned, be entitled
to deal with the survivor(s) as the sole proprietor(s) of
said partnership, trust or joint account, subject, however,
to the provisions above set forth in reference to your protection
by reason of the rights, claims or demands of any governmental
body with reference thereto, by reason of the death of any
of the undersigned.
The
terms "partnership account," "trust account,"
"joint account," "accounts"
as and whenever used herein are understood to refer to all
accounts from the date of their original commencement to the
date of their final closing, and to include all renewals or
reopenings thereof, however numerous and at whatever intervals.
The undersigned represents and warrants that the Partnership
or Trust Agreement authorizes the entering into of this Agreement,
and agrees to furnish National Commodities Corp., Inc. a copy
of the relevant portions of the Agreement.
*Strike One.
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