Franklin W. Briggs - Page 17




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         collateral that Towers Development pledge a certificate of                   
         deposit in the amount of $208,000, the pledge to remain in effect            
         until the sale of 70 town house units.  At some unspecified date,            
         Briggs assigned to AMI a certificate of deposit in the amount of             
         $138,666.66 issued by First American Bank and Trust.15                       
              Towers Development’s Use and Repayment of AMI Loan Proceeds             
              On all its financing agreements with Towers Development, AMI            
         specified that Towers Development was to use the loan proceeds               
         for purposes that included purchasing land and funding the                   
         development and construction of phases I and II of the Gulf                  
         Highlands project.  With respect to the loans to Towers                      
         Development, AMI paid the loan proceeds directly to Towers                   
         Development.  On its corporate books, Towers Development reported            
         the loans as being from AMI and not from shareholders.                       
              Towers Development made all loan repayments, including                  
         principal and interest, not only on its own loans, but also on               
         AMI’s loans to Briggs and Daniell.  Towers Development made                  
         payments to AMI as it sold town house units at Gulf Highlands.               
         Neither petitioners nor Daniell made any payments on the AMI                 
         loans.  AMI never required Briggs or Daniell to honor his                    
         personal guaranty or to surrender assets used as collateral for              
         the loans to Towers Development.                                             

               15 The record does not explain the apparent discrepancy                
          between the amount of the certificate of deposit as required in             
          the commitment letter and the amount actually assigned by Briggs.           





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