Thomas R. Jones - Page 4

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          mortgage on the property, which balance was $106,000 at the time            
          the agreement was entered into.                                             
               In September of 1996, petitioner paid Peterson the $5,000              
          for the option to purchase the property.  Beginning in September            
          of 1996 and continuing through 2000, petitioner also paid                   
          Peterson $1,051 per month.                                                  
               In a December 2, 1998, letter to petitioner, Peterson                  
          referred to the property as “my property” and acknowledged that             
          he, Peterson, was still using the property as his address for the           
          purpose of receiving mail.  Peterson consistently referred to the           
          agreement as an “option” agreement, and in September of 2001                
          Peterson wrote a letter to petitioner in which Peterson made it             
          clear that he understood that petitioner was not yet bound under            
          the agreement to purchase the property.                                     
               In 1999, Peterson considered refinancing the mortgage on the           
          property and so informed petitioner, telling petitioner that this           
          would “actually [result] in a savings to * * * [petitioner]                 
          during * * * [the] option period.”  Petitioner apparently wanted            
          to participate in the refinancing of the property.  Petitioner,             
          however, did not respond when Peterson mailed to petitioner bank            
          disclosure documents, and the refinancing of the mortgage on the            
          property was never completed.                                               
               In connection with his efforts to refinance, Peterson                  
          queried petitioner about the condition of the property and                  






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