EFTA Document EFTA02008577

To: jeevacationegmail.com[jeevacation©gmail.comi: Elyse G. Kirschne Cc: Eileen Alexanderson ; Jeffrey [email protected] From: Ada Clapp Sent Tue 4/9/2013 1:36:33 PM Subject: 2012 Year End Trust Gifts Hi Elyse, I was reviewing our files for the trusts that were signed and funded in December 2012 and found some items with respect to Josh and Ben's planning that I am hoping you can help me with: Ben Black Cancellation and Reissuance of Promissory Note: • The third paragraph refers to an Agreement to Assume Obligations dated as of June 10, 2011. I understand from Akin Gump that the referenced agreement does not exist as it was replaced with two Assumption Confirmation agreements dated June 10, 2011. Can you make this revision without altering page numbers so we don't need to have John, Debra and Barry re-sign. • The date written in in the fourth paragraph is not correct. I believe that date should be January 16, 2011 (the date Ben originally assigned the note to his 2010 self settled trust). If you agree, can you also make that revision without altering pages? Josh Black 1. Cancellation and Reissuance of Promissory Note: • Exhibit A to this document refers to Ben Black and his trust instead of Josh Black and his trust. Can you please send a revised Exhibit A? 2. Assignment by Josh to the Joshua Max Black 2011 Trust of Promissory Note in the amount of $5,897,726: • The document we have (which is signed by Josh, Leon and U.S. Trust) has an incorrect date for the assignment (December 18, 2011 instead of December 20, 2012) and references the principal amount of the Note as $5,898,510. 3. Promissory Note in the amount of $5.12 MM from the JMB 2011 Trust to Josh: • We cannot find a signed copy of this promissory note. EFTA_R1_00509041 EFTA02008577 Please let me know if you have already addressed the above as perhaps I do not have the latest documents. Best regards, Ada Clapp Black Family Partners ement New York NY 10019 phone ernad IRS Circular 230 Disclosure: Pursuant to IRS regulations, I inform you that any tax advice contained in this communication (including attachments) is not intended or written to be used, and cannot be used by any person or entity for the purpose of (i) avoiding tax related penalties imposed by any governmental tax authority, or (ii) promoting, marketing or recommending to another party any transaction or matter discussed herein. I advise you to consult with an independent tax advisor on your particular tax circumstances. This communication, and any attachment, is for the intended recipient(s) only and may contain information that is privileged, confidential and/or proprietary If you are not the intended recipient, you are hereby notified that further dissemination of this communication and its attachments is prohibited. Please delete all copies of this communication and its attachments and notify me immediately that you have received them in error. EFTA_R1_00509042 EFTA02008578