- 14 - downpayment and gave Mariners Cove promissory notes and indentures totaling $1,550,000, with Mariners Cove retaining a security interest in the 40 acres. Loans From AMI In May 1985, Associated Mortgage Investors (AMI), a Massachusetts real estate trust, sent Towers Development a commitment letter evidencing AMI’s intent to provide a $2.7 million construction line of credit and a $1.5 million acquisition and development loan. The commitment letter states that the loan will be disbursed in accordance with the terms of a line of credit construction loan agreement.14 On May 31, 1985, Towers Development executed various documents, including a real estate note and a mortgage and security agreement, evidencing the $2.7 million construction line of credit from AMI (the line of credit). The real estate note states that Towers Development agrees to pay to AMI, with interest, the principal sum of $2.7 million “or as much thereof as may be disbursed from time to time.” The mortgage and security agreement gives AMI a first priority security interest in the phase I land and any improvements “now or hereafter” located on the land. The mortgage and security agreement states that in the event of default by Towers Development, AMI may take 14 The record does not contain the line of credit construction loan agreement or otherwise establish its terms.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011