- 3 - Storage was owned 50 percent by the Laphams1 and 50 percent by an unrelated shareholder. During 1991, the Laphams lent $806,000 to Estate Storage. Monthly payments of principal and interest at the rate of 10 percent were made until 1993, at which time the balance was renegotiated with interest at 8 percent. In 1994, the Laphams purchased the interest of the unrelated shareholder and lent an additional $1 million to Estate Storage. This loan was consolidated with the earlier obligation, and monthly payments of principal and interest at 8 percent continued until the balance was again renegotiated on December 30, 1998. Following such renegotiation, the obligation was memorialized in a promissory note in the face amount of $1,554,244. The maker of the note was Estate Storage, and the Laphams were the named payees. The note bore interest at the rate of 7.75 percent per annum, payable in quarterly interest-only installments of $30,113.48. The principal was due in full no later than December 30, 2013, and the note could be prepaid without penalty at the option of Estate Storage. The instrument was executed by Mr. Lapham in his capacity as president of Estate Storage. Estate Storage holds a second-to-die life insurance policy sufficient in 1 The record in this case indicates that, at least as of late 1999, the Laphams’ interests in Estate Storage were in fact held through their respective revocable living trusts. For convenience, we adopt the convention, employed with some frequency throughout the administrative record, of simply referring to the Laphams in their individual capacities.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011