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MATTER OF RUEPP

No. 8326SC1187.

321 S.E.2d 517 (1984)

In the Matter of the Foreclosure of the Deed of Trust of Ferdinand RUEPP and Billie Lee Ruepp, Grantors, TO Larry W. Byrd, Trustee, As recorded in Book 4230 at Page 48 of the Mecklenburg Public Registry. See Appointment of Substitute Trustee as recorded in Book 4663 at Page 895 of the Mecklenburg Public Registry.

Court of Appeals of North Carolina.

November 6, 1984.

Attorney(s) appearing for the Case

Manning, Fulton & Skinner by Charles L. Fulton, Raleigh, and E. Fred McPhail, Charlotte, for Columbus Mut. Life Ins. Co., petitioner-appellant.

Kenneth W. Parsons, Charlotte, for Gary H. Watts Realty Co., respondent-appellee.

EAGLES, Judge.

This appeal raises an issue of first impression: Whether the foreclosure of a subordinate deed of trust activates the due on sale clause of the standard FNMA/FHLMC Uniform Instrument. We hold that it does not.

I

Petitioner first assigns as error the trial court's conclusion of law that petitioner elected to use the FNMA/FHLMC standard instrument as the original deed of trust and that petitioner...

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