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FOLMER v. STATE

Civ. No. 10526.

346 N.W.2d 731 (1984)

Russel G. FOLMER and Anna Mae Folmer, Plaintiffs and Appellants, v. STATE of North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

March 26, 1984.

Attorney(s) appearing for the Case

Sarah M. Vogel, Grand Forks, for plaintiffs and appellants.

Robert P. Bennett, Sp. Asst. Atty. Gen., Bismarck, for defendant and appellee.

ERICKSTAD, Chief Justice.

Russel G. and Anna Mae Folmer appeal from an order denying their motion to enjoin a foreclosure by advertisement. We reverse the order and remand for further proceedings in accordance with this opinion.

In 1975, the Folmers obtained a $95,000 loan from the State of North Dakota. In return, they executed a note and a first mortgage on their farm to the State. The mortgage included a provision empowering the State upon default to foreclose...

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