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FAIRBURY FED. S & L ASS'N v. BANK OF ILL.

No. 4-83-0296.

122 Ill. App.3d 808 (1984)

462 N.E.2d 6

FAIRBURY FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff-Appellant, v. BANK OF ILLINOIS IN NORMAL, Trustee, et al., Defendants-Appellees (Tedd Meyer et al., Defendants; National Bank of Bloomington, Intervenor).

Appellate Court of Illinois — Fourth District.

Opinion filed March 26, 1984.

Attorney(s) appearing for the Case

William C. Wetzel, of Livingston, Barger, Brandt & Schroeder, of Bloomington, for appellant.

W. Loren Thomson and Kevin P. Fitzgerald, both of Thomson, Weintraub & Thompson, of Bloomington, for appellees Paul Oates and Kathryn Oates.

Judgment affirmed.

JUSTICE TRAPP delivered the opinion of the court:

Plaintiff brought this foreclosure action as a result of an alleged violation of the due-on-sale clause in defendant's mortgage. Defendant Bank of Illinois in Normal (Bank) was the borrower under the mortgage in its capacity as legal trustee in Land Trust No. BC-1. After an evidentiary hearing and filing of authorities by the various parties to litigation, Judge Knecht entered an order against...

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