Garry D. Acuncius and Danalene L. Acuncius - Page 3




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          facility, a bank officer advised petitioners to move.                       
          Petitioners moved and closed the business in 1992.  As a result,            
          petitioners lost their investment in the venture.                           
               When the business closed, petitioners returned the items               
          that artists had brought to the gallery on consignment and sold             
          other business assets at wholesale prices to pay off expenses.              
          In addition, petitioners sold their livestock at cost.  Mrs.                
          Acuncius took a job as office help in a furniture company at a              
          lower income than her income from Southwest Concepts, and Mr.               
          Acuncius was unable to find steady work.                                    
               As a result, petitioners were unable to make payments on               
          their house.  Their house was foreclosed on in 1993 or 1994.                
          After the house was foreclosed on, petitioners moved in with                
          their daughter, then to an apartment in Granbury, Texas, and then           
          to a ranch in Oklahoma, where they worked as caretakers.  By                
          1997, petitioners were renting a modular home near Cresson,                 
          Texas.  Petitioners did not have their mail forwarded each time             
          they moved.                                                                 
               On April 15, 1993, BankTEXAS sent petitioners a notice that            
          the note of $32,000 would be due on April 20, 1993.  Petitioners            
          did not receive this notice because they were no longer residing            
          at the address on the notice.  BankTEXAS continued to mail                  
          notices to petitioners at its address of record--the address on             
          the loan application.                                                       






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