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by Second Street to make the balloon payment due on April 12,
1993, or the arrangement to make monthly payments of interest
only.
Throughout, inter alia, the period 1992-1994, personnel of
the Bank prepared various internal documents (written internal
reports) which were to be used, inter alia, to keep senior
management of the Bank informed and in which they described the
status of any activity with respect to the 1989 note and, inter
alia, the respective guaranties of that note by Mr. McDaniel and
by Ms. McDaniel. Written internal reports dated June 1992 and
December 1992 that were prepared by Bob Thomas of Nations-
Bank/Amresco listed Mr. McDaniel and Ms. McDaniel as guarantors
of the Second Street loan, indicated that Mr. McDaniel was no
longer a partner in Second Street, contained financial analyses
of Mr. McDaniel and Ms. McDaniel based on the most recent fi-
nancial statements that they provided to the Bank, and stated
that
THE BANK WILL NOT RELEASE MCDANIEL'S AND PARKER'S
GUARANTEES, EVEN THOUGH THEY PROVIDE NO FALLBACK.
HOWEVER, PARKER COULD BE DISCHARGED IN BANKRUPTCY.
* * * BASED ON PALERMO'S LIQUIDITY AND NET WORTH, HE
IS CAPABLE OF SERVICING THE DEBT IRRESPECTIVE OF THE
OCCUPANCY OF THE BUILDINGS. * * *
A written internal report dated June 1993 that was prepared
by Mr. Martens listed Mr. McDaniel and Ms. McDaniel as guarantors
of the Second Street loan, indicated that Mr. McDaniel was no
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