- 12 - by their corporations. As of the time of the commencement of this case, the new loan to Mrs. Bowden remained outstanding. 4. NBSC In 1985 and 1986, petitioners’ corporation Pac-Tech obtained a loan from NBSC. NBSC took, as security, assignments on a number of the vending machine leases.7 Funds were disbursed to Pac-Tech in return for the assignments. Pac-Tech defaulted on the notes. On February 24, 1986, petitioners agreed with NBSC to pay the outstanding loan balance of $442,595.29 with a new loan issued to Mrs. Bowden and guaranteed by Mr. Bowden. Mrs. Bowden assigned her interest in the 1 Crestwood Drive, Newport Beach property (Crestwood property) to NBSC via a deed of trust. In return, NBSC agreed to release all corporate guaranties. Paragraph 6 of the settlement agreement states: Bank will release to Hollis Bowden its security interest in 41 water vending machines and 3rd party leases presently held as collateral for the original obligation. On February 25, 1986, Hollis Bowden, who is the brother of petitioner Charles R. Bowden, executed an agreement subordinating 7 A typical lease submitted for the record states that AVC is the “supplier of equipment”. Pac-Tech is denominated as “lessor” and “secured party”. An unrelated third party is “lessee”. NBSC is the “assignee” of the “secured party”.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011