【당사자】
CARGILL, INC., et al., Plaintiffs and Respondents,
v.
Daniel SOUZA, as Trustee, etc., et al., Defendants and Appellants.
【대리인】
Felger & Associates and Warren P. Felger for Defendants and Appellants.
Germino, Amaral & Jordan, Scott Jordan and Edward M. Amaral for Plaintiffs and Respondents.
【전문】
OPINION
LEVY, Acting P.J.
Appellants, Daniel and Joyce Souza, made loans to Manuel and Esmeralda Teixeira evidenced by promissory notes and secured by an interest in dairy cattle and farm equipment. Respondent, Cargill, Inc. (Cargill), was an unsecured creditor of the Teixeiras. Upon the Teixeiras' default on the promissory notes, the Souzas and the Teixeiras entered into a “TRANSFER IN LIEU OF FORECLOSURE AGREEMENT” (Transfer Agreement). Under this Transfer Agreement, the Teixeiras agreed to transfer the dairy cattle and farm equipment to the Souzas and the Souzas agreed not to sue the Teixeiras on the promissory notes. The Souzas also agreed to pay the Teixeiras' outstanding obligations listed on an exhibit to the Transfer Agreement. However, this exhibit was left blank.
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