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/ STATE FAIR RACES 2012

SCHEDULE OF PAYMENTS (IN U.S. FUNDS)

Must be nominated as a yearling to the New York Sire Stakes program ($50 fee) or supplemented the Fund.

Two Year Olds in 2012 – Colt & Filly Divisions at each gait

February 15, 2012 Staking Fee...................... $125.00

April 15, 2012 Sustaining Fee (specify gait)...... $325.00

Three Year Olds in 2012 – Colt & Filly Divisions at each gait

February 15, 2012 Staking Fee ....................$125.00

April 15, 2012 Sustaining Fee (specify gait) ....$325.00

Sponsor: Agriculture and NYS Horse Breeding Development Fund (the “Fund”)

These events are subject to the rules and regulations of the New York State Racing and Wagering Board (“NYSR&WB”),

Division of Harness Racing, and conditions of the Fund. The purse for all Excelsior Series / State Fair Races will be $12,000, plus declaration fees. State Fair Races will be conducted at tracks designated by the Fund and included as part of the Excelsior Series.

Generally, each leg of the Sire Stakes Series and the Excelsior Series will be scheduled on the same day at the same track. An owner may choose which series they wish to enter and race in provided they are staked to both series, but may choose only one for each horse on that day. Owners shall continue to have the option for each leg throughout the season and may alternate between Sire Stakes Series and Excelsior Series/State Fair Races events provided they are staked to both series. Horses staked to only one series, either Sire Stakes or Excelsior Series / State Fair Races, may only enter the series to which they are staked. State Fair Races will not be held on the same day as Sire Stakes Races.

Declaration Fee: The declaration fee is $100. All declaration fees will be added to the event to which declared. Declaration time for all events will be according to a published draw schedule at the host track. The declaration fee for each championship and consolation event, if scheduled, will be announced. There will be no refund on any horse scratched after the closing of entries from any Excelsior Series races or State Fair Race events.

1. Eligibility: To be eligible to these New York Excelsior Series / State Fair Races, each horse must satisfy the following requirements:

(a) (b) (c)

(d) (e)

Sired by an eligible stallion (see Sections 3 and 4) enrolled with the Fund for the full season of service when the dam was bred to produce such colt or filly.

The owner of the dam need not be a resident of New York and foaling need not be in New York State. Must be named and registered with the United States Trotting Association (“USTA”) at time of nomination. A copy of the USTA registration certificate, dated on or before time of nomination, must accompany each nomination.

The foal of any mare which is inseminated by semen transported outside of New York State will be ineligible for nomination to any New York bred events.

For a foal to be nominated to these New York events, it must be the first foal born to the dam for the given year, and its sire must be a New York eligible stallion. The only exception will be in the case of same birth twins. To be eligible, a twin status must be indicated on the USTA registration certificates for the individuals in question.

(f) On February 15, 2012 nominator must give name, color, sex, sire and dam of each horse nominated. No unnamed horses will be accepted. No nomination to the Excelsior Series/State Fair Races will be accepted unless the horse hasbeen nominated as a yearling to the New York Sire Stakes. (g) Gait must be specified on the April 15th payment. Transfer of gait may be

made after the April 15th payment and at time of declaration. (h) Supplementary Entries: May be made to this series on foals of 2010 upon

payment of $500 by February 15, 2012, in lieu of the May 15, 2011 nomination fee of $50. All other payments must be made as regularly required. A 2-year-old which makes the May 15, 2011 nomination payment, but fails to make the first staking fee payment to the Excelsior Series/ State Fair Races may regain eligibility for the 3-year old season by payment of a penalty of $1100 providing such payment is made on or before April 15, 2012. Such horse will not be eligible to participate in Excelsior Series/State Fair Races 2-year old events, but will be able to participate in Excelsior Series/State Fair Races 3-year-old events, provided that all payments to those events are made in a timely manner. All supplementary payments will be allocated as provided for in the case of regular payments.

2. Payment Distribution: Fifty Dollars will be retained from each yearling nomination fee and thirty dollars will be retained from each two and three year old staking fee by the Fund to defray a portion of the expense of managing, advertising and publicizing New York bred harness horse races.

3. Stallion Eligibility: Eligible stallions are those stallions: (a) Owned by a resident of New York State and standing the entire stud season in New

York State, or (b) Owned by a resident of a state other than New York, but standing the entire stud

season in New York State and leased (copy of lease must be filed with the Fund) by

a resident of New York State for a term on not less than ten years, or (c) Owned jointly by a resident or residents of a state other than New York State

together with a resident or residents of New York State and standing the entire stud

season in New York State with the same leasing requirements as No. 3 (b). (d) To be eligible, a stallion must be certified by the Fund and registered with the Fund

no later than January 1 of the year he will stand stud.

4. All eligibility must be certified to the Fund.

Racing Conditions:

1. Each race to be held in one dash at one mile. 2. Excelsior Series / State Fair Races will be divided into divisions in a manner that

ensures fields of equal size. When the number of horses entered into an event does

not divide equally, the fields will not vary in size by more than one horse. 3. All owner and trainer entries must be split into different divisions, if possible. No

more than two entries from a common owner will be permitted in the same

championship final race or consolation race. 4. Recalls – recalls in Excelsior Series / State Fair Races would be for the following

reasons: broken equipment, interference behind the starting gate, a horse falling before the word “go” is given, a horse scoring ahead of the gate or a horse assuming incorrect post position, or malfunction of the starting gate.

5. No horse is eligible to declare in an Excelsior Series / State Fair Races event unless it meets the following standards: (a) At least one charted satisfactory performance line within 30 days of

declaration that meets the following qualifying time standards for its age and gait:

1/2 and 5/8 mile tracks PACERS            2YO 2:06

3YO 2:02 TROTTERS            2YO 2:09 3YO 2:07

PACERS

TROTTERS

7/8 mile or larger tracks 2YO 2:03 3YO 2:00 2YO 2:07

3YO 2:05 Add 7 seconds to the times above to get a mile and 1/16 equivalent

(b) And, the horse must not have consecutive breaks in its last two charted performance lines. If the horse does have two consecutive breaks, the horse must