Robert S. McDaniel, Jr. and W. Jane McDaniel - Page 25




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          material alteration of the obligations under that note.3  Nor did           
          that decision have any effect on the obligations of Mr. McDaniel            
          as a guarantor of the 1989 note.                                            
               On the instant record, we find (1) that there was no ma-               
          terial alteration in the nature or the time of payment of the               
          1989 note and (2) that the Bank did not consent to any such                 
          alteration.4  We further find on that record that petitioners               
          have failed to establish that Mr. McDaniel was discharged in 1993           
          from his guaranty of the Second Street loan under section                   
          620.735(3).                                                                 
               We turn next to petitioners' position that Mr. McDaniel was            
          discharged in 1993 from his guaranty under section 620.735(2).              
          Under that provision, petitioners must show that Mr. McDaniel was           
          discharged from his guaranty to the Bank by an agreement to that            
          effect among himself, the Bank, and Mr. Palermo.  We have found             
          that petitioners have not met their burden of establishing that             
          Mr. Palermo agreed to assume Mr. McDaniel's share of the part-              

               3  The Bank made that decision because of the pending                  
          bankruptcy proceeding of Mr. Parker, a general partner of Second            
          Street and another guarantor of the Second Street loan, and the             
          desire of NationsBank/Amresco to give Mr. Palermo, a valued                 
          customer, the opportunity to come into compliance with the loan             
          terms as soon as Mr. Parker's bankruptcy proceeding was resolved.           
               4  Even if the terms of the loan had been altered, as noted            
          above, under the terms of his guaranty Mr. McDaniel's obligation            
          as a guarantor of the Second Street loan would not have been                
          affected by any such alteration.                                            






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