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KEMP v. EMPIRE SAV., BLDG. AND LOAN ASS'N

No. 80CA1067.

635 P.2d 234 (1981)

Jerry L. KEMP and Income Realty and Mortgage, Inc., a Colorado Corporation, Plaintiffs-Appellees, v. The EMPIRE SAVINGS, BUILDING AND LOAN ASSOCIATION, Defendant-Appellant, and Nancy J. Flett, Public Trustee for the County of Jefferson, Defendant.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 6, 1981.

Certiorari Granted October 19, 1981.

Attorney(s) appearing for the Case

Joseph A. Davies, P. C., Joseph A. Davies, Curtis W. Shortridge, Denver, for plaintiffs-appellees.

Frascona, Gullette & McClow, John H. McClow, James C. Smittkamp, Boulder, for defendant-appellant.

STERNBERG, Judge.

Empire Savings, Building & Loan Association (the lender) appeals a preliminary injunction enjoining foreclosure of real property pending adjudication of the enforceability of a "due-on-sale" provision in a deed of trust securing the indebtedness. We reverse.

On November 15, 1977, plaintiff Jerry L. Kemp, the borrower, executed a deed of trust to the defendant Public Trustee for the benefit of...

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