Robert S. McDaniel, Jr. and W. Jane McDaniel - Page 24




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          two of which were signed by Mr. McDaniel as a general partner of            
          Second Street and the last of which was signed by him individu-             
          ally, permitted the Bank to extend the time of payment under that           
          note.  The express terms of Mr. McDaniel's guaranty provide that            
          his obligations as a guarantor of the 1989 note are to be unaf-             
          fected by, inter alia, the Bank's extension of the time of                  
          payment of that note.                                                       
               Moreover, under Florida law, the extension of the time for             
          payment of a loan is not a material alteration of the terms of              
          the loan.  In Anderson v. Trade Winds Enters. Corp., 241 So. 2d             
          174, 178 (Fla. Dist. Ct. App. 1970), the District Court of Appeal           
          for the Fourth District of Florida stated:                                  
                    The individual appellees' answers plead that their                
               liability as guarantors was discharged by extensions of                
               time for payment which the holder of the note accorded                 
               the maker.  The evidence indicates that the note went                  
               into default when the first installment was due.                       
               Thereafter, instead of bringing immediate suit on the                  
               note, partial payments were accepted.  The evidence                    
               does not indicate, however, that the holder and maker                  
               of the note legally modified the latter's obligation                   
               under the note.  The extensions of time were gratuitous                
               indulgences to avoid litigation.  Such extensions,                     
               therefore, did not affect the guarantors' rights                       
               against the maker of the note and, therefore, did not                  
               discharge their liability as guarantors. * * *                         
          In the instant case, the decision by NationsBank/Amresco not to             
          notify Second Street in writing that the 1989 note was in default           
          until about a year after Second Street failed to make the balloon           
          payment that was due on April 12, 1993, did not constitute a                






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