- 32 - alternative financing for Second Street from Northern Trust. On October 18, 1994, Northern Trust acquired the 1989 note from NationsBank/Amresco for $595,252.65, which amount was the sum of (1) the outstanding principal balance of $590,850 and (2) the accrued, unpaid interest of $4,402.65, which were due under that note. On the same date, a replacement note payable to Northern Trust in the amount of $590,850 was executed on behalf of Second Street by Mr. Palermo as a general partner and by Mr. Palermo as president of George Palermo Architects, Inc., the other general partner of Second Street. The replacement note replaced the 1989 note of Second Street to the Bank. The collateral for the replacement note was the Second Street real property, Mr. Palermo's unconditional guaranty, and Mr. Palermo's pledge of certificates of deposit in the amount of $230,000. Northern Trust did not solicit or obtain from Mr. McDaniel any guaranty or other agreement by him to be liable, contingently or otherwise, with respect to the replacement note issued by Second Street to Northern Trust. Based on our examination of the entire record in this case, we find that petitioners have failed to show that Mr. McDaniel was discharged in 1993 from his guaranty of the Second Street loan. We further find on that record that petitioners havePage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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