Franklin W. Briggs - Page 14




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         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.               





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