Franklin W. Briggs - Page 15




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         possession of the collateral and receive the “rents, incomes,                
         issues, and profits of the Collateral”, to be applied to the                 
         amount of the “secured indebtedness”, defined in the agreement by            
         reference to the “indebtedness evidenced by the [real estate]                
         Note in accordance with the terms thereof”.                                  
              On May 31, 1985, Briggs and Daniell executed a personal                 
         guaranty with respect to the line of credit, agreeing that “if               
         the Debt is not paid by * * * [Towers Development] when due,                 
         * * * [Briggs and Daniell] will immediately do so.”  AMI also                
         intended to require Mr. Morris’ personal guaranty, but because of            
         his past credit problems, his name was struck from all documents.            
             Also on May 31, 1985, Briggs and Daniell executed a mortgage            
         and security agreement in favor of AMI, evidencing the $1.5                  
         million acquisition and development loan for the 40 acres.  The              
         loans from AMI to Towers Development and to Briggs and Daniell               
         were cross-collateralized.  That is, default under either                    
         mortgage would be deemed to constitute a default under the other             
         mortgage, so that AMI could exercise its security interest with              
         respect to the property collateralizing either mortgage.  In the             
         event of default on the Towers Development loan, however, AMI was            
         subordinated to Mariners Cove’s security interest in the 40                  
         acres.                                                                       
              To secure its mortgage interest with respect to its loans to            
         Towers Development and to Briggs and Daniell, AMI filed two                  






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