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IN RE ORLANDO TENNIS WORLD DEVELOPMENT CO., INC.

Bankruptcy Nos. 82-881-BK-J-GP, 82-882-BK-J-GP.

34 B.R. 558 (1983)

In re ORLANDO TENNIS WORLD DEVELOPMENT CO., INC., Debtor. In re ORLANDO TENNIS ASSOCIATES LIMITED PARTNERSHIP, Debtor.

United States Bankruptcy Court, M.D. Florida, Orlando Division.

November 9, 1983.

Attorney(s) appearing for the Case

James L. Simon, Orlando, Fla., Ronald Bergwerk, Jacksonville, Fla., for debtor.

David R. McFarlin, Robert L. Mellen, Orlando, Fla., for Wells Fargo Bank.

MEMORANDUM OPINION

GEORGE L. PROCTOR, Bankruptcy Judge.

In 1977, the debtor entered into a mortgage "spreader agreement" creating, among other interests, a mortgage lien on certain real property. The agreement was assigned to Wells Fargo on May 7, 1979. The parties continued according to the terms of the agreement until January, 1982, at which time the debtor withheld the entire interest payment due. The non-payment...

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