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FREAS v. FIRST FEDERAL SAV. AND LOAN ASS'N

636 S.W.2d 660 (1982)

Larry T. FREAS and Deborah D. Freas, Husband and Wife, and Larry T. Freas, d/b/a Freas Construction Company, Appellants, v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BOWLING GREEN, Kentucky, Appellee.

Court of Appeals of Kentucky.

April 2, 1982.

Attorney(s) appearing for the Case

J. Richard Downey, Franklin, for appellants.

G. William Leach, Jr., Franklin, for appellee.

M. Brooks Senn, Louisville, for amicus curiae Kentucky Banker's Ass'n.

Gross C. Lindsay, Henderson, for amicus curiae Kentucky Savings & Loan League, Inc.

Before GANT, McDONALD and VANCE, JJ.

McDONALD, Judge:

In this case the appellants were ordered by summary judgment to pay the appellee $900 as a recovery for its attorney's fee previously paid pursuant to K.R.S. 453.250.

Kentucky Revised Statute 453.250 states: Any provisions in a writing which create a debt, or create a lien on real property, requiring the debtor, obligor, lienor or mortgagor to pay reasonable attorney fees incurred by the creditor, obligee or lienholder in the event of default...

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