--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:

> Also, I think the nuance of what you suggested in Partners accepting 
> the claim of default was lost. I think what you were suggesting is 
> like when a claim of eviction or foreclosure is written into a 
> contract up front so if the conditions are met, the process is 
> shorter. 

Dan you once again prove to me that your knowledge of law is very deep. 
Did you study law at some point in your life?

I'm so glad you picked up on the above. The others didn't understand it 
fully.  Exactly as you point out we do this with evictions all the 
time.  Landlord sues for eviction - tenant begs for 3 months to catch 
up on the rent.  Landlord says OK, but you have to first admit the 
default in writing so that if you don't come up with the money, I get 
to just file the default papers without having to start the Court 
process all over again.

I was suggesting that if we don't default Asbury Partners now and make 
them work under the default, at least get them to sign a similar 
consent ot enter default if they fail to perform on the new agreement 
to be negotiated.

Dan I do have great faith in Ed and Jimmy, but I have to admit I would 
give my right arm if they would let you and me on the negotiatiing 
team.  






 
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