Edward C. Tietig - Page 14




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               The attached unexecuted Mortgage Deed listed Farm & Grove as           
          the mortgagor (debtor) and petitioner as mortgagee (lender).  The           
          Mortgage Deed, which was not executed, also provided as follows:            
               Random releases for each parcel encumbered herein shall                
               be given at any time upon payment of $3,300.00                         
               principal [p]lus accrued interest upon such amount.                    
               All regular paymenbts [sic] and prepayments of                         
               principal shall be credited towards such releases.                     
          The note provided the following terms:                                      
               FOR VALUE RECEIVED the undersigned promises to pay to                  
               the order of Edward C. Tietig the principal sum of One                 
               hundred seventy-four thousand nine hundred Dollars                     
               ($174,900) together with interest thereon from March 1,                
               1991 at the rate of 8.9% per cent, per ANNUM until                     
               maturity, said interest being payable monthly on the                   
               1st day of March, 1991 and payment both principal and                  
               interest being payable in lawful money of the United                   
               States or its equivalent to Farm & Grove Realty. * * *                 
               Payments of principal and interest of $1,393.95 on the                 
               first (1st) day of April, 1991, and on the first (1st)                 
               day of each month thereafter until the first (1st) day                 
               of March 2021, when the entire remaining balance will                  
               become due and payable.                                                
               This Note may be prepaid in whole or in part, at any                   
               time, without penalty.                                                 
               As a result of the transaction, Farm & Grove held only the             
          legal title to the lots, as trustee for the Kiddies 38/91                   
          partnership.  Farm & Grove did not report any gain from the sale            
          of the equitable interest in the 53 lots to the partnership on              
          its 1990 Form 1120S.                                                        
               The Kiddies 38/91 partnership appears to have been solvent             
          in 1990 and 1991.  On Schedule L, Balance Sheets, of its 1991               
          Form 1065, U.S. Partnership Return of Income, the partnership               





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