Patrick G. & Valerie V. O'Malley - Page 21




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          2000 loan was not payable in full until August 2006, Edward                 
          O’Malley and Mr. O’Malley agreed that Edward O’Malley was not to            
          retransfer lot 12 to petitioners in June 2005, as contemplated by           
          the agreement between Edward O’Malley and Mr. O’Malley.  Instead,           
          they agreed that Edward O’Malley was to retransfer that lot to              
          petitioners when the refinanced F&M Bank 2000 loan was paid in              
          full.                                                                       
               Pursuant to the agreement between Edward O’Malley and Mr.              
          O’Malley, as modified by them when Edward O’Malley agreed to                
          refinance the $180,000 F&M Bank 2000 loan, petitioners made from            
          July 2000 through December 2005 the following payments totaling             
          $69,538.49 to F&M Bank on the $180,000 F&M Bank 2000 loan or the            
          refinanced F&M Bank 2000 loan:18                                            















               18Petitioners maintained at least two checking accounts with           
          Bank of America (petitioners’ Bank of America checking accounts)            
          from which petitioners made payments to F&M Bank on the $180,000            
          F&M Bank 2000 loan or the refinanced F&M Bank 2000 loan.                    






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