1. 2. Prepare a typed response including the following: Highlight the pertinent facts. Identify the issue of law posed by the case problem. This will be in the form of a question based on a legal concept from the chapter. What should be the decision in the case? (the answer to the issue). The reasoning for such decision. 3. 4. In 1995, Mountain Lakes Resort, Inc. (the "Resort) entered into a contract with plaintiff for restoration of a dam. The Resort applied for a line of credit for the project from its primary lender, First National Bank of Gainesville, now known as Regions Bank (the Bank) and was issued a line of credit in the amount of $175,000. Plaintiff began work and was paid on two of three invoices he submitted. The Bank made the payments payable jointly to Scott and the Resort. The cost of the project grew larger because of unforeseen developments, and the Resort sought and received an additional $63,879.24 from the Bank. Shortly after plaintiff submitted his third invoice for the final payment, certain other Resort creditors filed an involuntary bankruptcy petition naming the Resort as the debtor. On February 16, 1996, the Bank assigned all its rights, title and interest as a creditor for the development, including the loans related to the dam project to defendant. But the Bank agreed that it would remain responsible for funding the $63,879.24 line of credit. Paragraph 8 of the defendant agreement provides: Bank's Commitment to Fund Draw Note. The Bank has committed to advance up to $63,879.24 to the Resort) ... The Bank hereby assures defendant that it will honor that commitment unless prevented from doing so by statute, court order or other rule of law. Plaintiff was not a party to this agreement. On July 1, 1997, after the bankruptcy was resolved, the Resort made a request to the Bank for a draw in the full amount of the second note. The request was supported in part by the final invoice form plaintiff, but also by other contractors' invoices. The request stated that the contractors had been paid for their work, and it requested that payment be made directly to the Resort. The Bank disbursed a check in the amount of $63,879.24 payable to the Resort, but the Resort never paid plaintiff on his third invoice. Plaintiff brought suit against defendant and the Bank for payment of the final invoice