Franklin W. Briggs - Page 24




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         could use the funds.  Towers Development reported the loans in               
         its corporate books as loans from AMI to Towers Development.                 
              AMI looked primarily to Towers Development for repayment of             
         the loans in question.  Towers Development put up valuable                   
         collateral, in the form of a security interest in the Gulf                   
         Highlands project.  As far as the record reveals, it was this                
         collateral that AMI primarily relied upon in extending the line              
         of credit to Towers Development.  Although Briggs also pledged               
         significant collateral, including the $138,666.66 certificate of             
         deposit and his interest in the 40 acres that cross-                         
         collateralized AMI’s loans to Towers Development and to Briggs               
         and Daniell, the record does not establish that Towers                       
         Development would have primarily relied upon this collateral as              
         security for the line of credit.20  Guerino testified that AMI did           
         not require more collateral from individuals in part because of              
         the sufficiency of the collateral that Towers Development had put            
         up in the form of the Gulf Highlands property:  “if they build on            
         there and were to rent units, * * * any of the collateral that               



               20 James Guerino (Guerino) testified that “We took, I                  
          believe, some life insurance policies –- paid-up life insurance             
          policies on the principals.”  Such collateral is not described in           
          any of the loan documents in the record, however, and Guerino’s             
          own testimony is too indefinite on this point to convince us that           
          petitioners provided any such collateral, or if they did, what              
          the value of such policies might have been.                                 
                                                                                     






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