- 66 - note was well covered by collateral. Hence, while we acknowledge that the level of coverage was not as great as Mr. Thomson may have assumed, we remain satisfied that good coverage could appropriately be considered as a positive factor enhancing the value of the subject note. We next address the factor involving personal guaranties, about which the parties express significant differences. Mr. Cronkite indicated at trial that he was not aware of any personal guaranties at the time he prepared his report, while Mr. Thomson took guaranties into account in his valuation. The record contains no guaranty agreement or document relating to either the Marsh note or the $1 million note, and the notes themselves bear no evidence of a guarantor. Instead, guaranties are referred to in several items of correspondence which passed between Mr. Marsh and either decedent or Michael. The first is an April 15, 1991, letter from Mr. Marsh to decedent. This letter adverts to the new $450,000 promissory note and concludes with the following paragraph: I am proceeding with the closing of the $1,000,000.00 loan to James Goldstein that will be adequately secured by a Note secured by Deed of Trust on real property. I, of course, will have all the necessary personal guarantees, etc. on same. If, for any reason whatsoever, this loan does not close within the next fifteen days, your funds will be returned to you upon demand plus 10 3/4% interest from April 15, 1991. If the loan closes, Morton B. Harper, Trustee of the Morton B. Harper Revocable Trust Dated December 18, 1990, will be assigned, as collateral, a 45% interestPage: Previous 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Next
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