- 24 - 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.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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