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BARR DEVELOPMENT, INC. v. UTAH MORTG. LOAN CORP.

No. 14528.

675 P.2d 25 (1983)

106 Idaho 46

BARR DEVELOPMENT, INC., a Utah Corporation, Plaintiff-Respondent, v. UTAH MORTGAGE LOAN CORP., a Utah corporation, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied February 14, 1984.

Attorney(s) appearing for the Case

W. Joe Anderson, of Sharp, Anderson, Bush & Nelson, Idaho Falls, for defendant-appellant.

George C. Petersen, Jr., of Petersen, Moss & Olson, Idaho Falls, F.S. Prince, Jr., Salt Lake City, Utah, for plaintiff-respondent.

DONALDSON, Chief Justice.

In December of 1975, Utah Mortgage Loan Corp., the defendant-appellant, granted a $184,000.00 loan at ten percent (10%) to the Havenhurst Corporation. As security for the loan, Havenhurst granted a Deed of Trust to property located in Bonneville County, Idaho. The Deed of Trust restricted the trustor's ability to alienate the property by stating that the entire loan balance would be due upon alienation.

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