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POSTAL SAVINGS & LOAN ASS'N v. FREEL

No. 56,238

10 Kan. App. 2d 286 (1984)

698 P.2d 382

POSTAL SAVINGS & LOAN ASSOCIATION, Appellee, v. MARION K. FREEL and CHARLENE A. FREEL, Appellants.

Court of Appeals of Kansas.

Opinion filed December 14, 1984.

Attorney(s) appearing for the Case

Kenneth F. Crockett, of Tilton, Dillon, Beck & Crockett, of Topeka, for appellants.

J.H. Eschmann and Stanley E. Oyler, of Ascough, Bausch, Eschmann, P.A., of Topeka, for appellee.

Before PARKS, P.J., BRISCOE, J., and JEROME HARMAN, Chief Judge Retired, assigned.

PARKS, J.:

Plaintiff Postal Savings & Loan Association brought this action to foreclose its mortgage against the defendants' residence. Defendants Marion K. Freel and Charlene A. Freel contend that plaintiff waived its right to foreclose. The trial court entered judgment allowing the foreclosure. Defendants appeal.

We first consider defendants' claim that plaintiff waived its right to accelerate the payment of the note and mortgage.

The plaintiff...

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