- 16 - Although the note does not specify that Mr. Zimmerman signed in his capacity as petitioner’s president, the note clarifies that the note was entered into pursuant to the terms of the dealer supply agreement and the rider between Lender and Borrower. Thus, we are satisfied that petitioner was the promisor under the note. Respondent contends that the mortgage was subordinated to an unknown debt because the mortgage states that it constituted a “second” priority lien. Although the mortgage states that it constituted a “second” priority lien on the property, it also indicates that it was “superior to any and all other liens.” Further, there were no other mortgages on the property, and the mortgage was recorded with the Office of County Recorder, Washington County, Minnesota. Respondent’s position is contrary to the facts. Finally, there is no evidence to support respondent’s contention that Amoco did not consider petitioner’s financial condition before making the advance. We do not think that Amoco’s failure to require Mr. Zimmerman to submit records regarding his personal financial condition in connection with his guarantee indicates that Amoco did not intend the advance to be a loan to petitioner. In conclusion, when the $175,000 was paid to petitioner, petitioner had an unconditional obligation to repay the fullPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011