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B-181432 1 (1977-02-04)

handle is hein.gao/gaobaddws0001 and id is 1 raw text is: 

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FILE:    t61432


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       THE  rCOMPTOLLN WMENAN0L
 rn    cw  OF-HE UNITED STAkTES
     I  WABHINGTON. 0.  . aC548
NTiV


DATE:


'1


FEB 4  1977


MATTER   OF:   Casemrse 1ek ot St. Charml, Mianirt


DIGEST:


ha1 d imese Malustratiec (W) is net liebLu to
rehberse baA  hr $17,300 less bak Pufiered a
$23,000 Lea it allegedly ms  b m    bne    s
bernwe  on basis of 5BA amwval of $25,000 diet
diasster tan to barrwer.  Under previain     n Loan
Authorisattem autriutng SA  to camel loan upon
learning of any adverse ensge to borwr' u situaton,
SaA was justified it senelliag beltese 4t Laea upo
leant@as1  ash adverse saps. FrLhemore, facts
do nt   upprt estoppel stace SA made n misrepsenations
to bak  Sd bek did set make 1sa in relianc On those
rpren  tatia   =A did make.


     This da&saie to the Admietrater of the eall business Admin-
istration (SW) ato napeme   to a request ins     WS' General Couasl
for our opinise as to wether fta is liable to the Coamerce Bank of
St. Charles in the ameant et $17,500. The facts concerning this matter
are set forth ta followin t SA'. submissions

     An applicatien we made by Nidestero Diversified
     Industries, lce. (Midwest), for a 425,000 diret
     disaster lose July 31, 1973. The lon was officially
     apptwved by the SS through the aigring of an Author-
     isation on October 9, 1973 * * *. The loan Author-
     isation provided various coeditions for payment
     iocluding a rquirement that the SM recive a second
     dead of trust ton) property located at 433-513 Cape
     bock Drive1 Cape Girardsu, Miscourt.

     Prior to the issuance of the above*cwantioned Author-
     isation, the Beak bad agreed to 1, mn $25,000 to Midwest.
     The SA was awr  of this prior to its Authorisation.
     The loan was made by the Commerce bank of St. Charles,
     St, Charles, Missmurt (Beak) but the exact date of
     dibursement is not known.


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