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MATTER OF BONDER

No. 8111SC332.

285 S.E.2d 615 (1982)

In The Matter of the Foreclosure of Deed of Trust, Executed by Murray BONDER and Wife, Ann S. Bonder (Property now owned by Richard S. Robinson and wife, Irene K. Robinson) dated October 6, 1972, and recorded in Book 739, page 87, Johnston County Register of Deeds, Charles H. Young, Trustee.

Court of Appeals of North Carolina.

January 5, 1982.

Attorney(s) appearing for the Case

Purrington & Purrington, P. A. by A. L. Purrington, Jr. and J. Ward Purrington, Raleigh, for petitioner-appellee.

Mast, Tew & Nall, P. A., by George B. Mast, Joseph T. Nall and L. Lamar Armstrong, Jr., Smithfield, for respondents-appellants.

WHICHARD, Judge.

A deed of trust on residential real property prohibited conveyance thereof without written consent of the lender. It also provided for acceleration of maturity of the debt upon non-compliance with this prohibition. The primary issue is whether the lender could use these provisions to extract enhanced interest upon conveyance of the security property. A subsidiary issue is whether evidence of legal defenses is admissible and proper for consideration...

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