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UNITED SAVINGS BANK MUTUAL v. BARNETTE

129,187; CA A28397.

695 P.2d 73 (1985)

72 Or.App. 46

UNITED SAVINGS BANK MUTUAL, a Corporation Formerly First Federal Savings & Loan of Salem, Respondent, v. Clinton M. BARNETTE and Joy R. Barnette, Appellants, and Wayne Moore, Defendant.

Court of Appeals of Oregon.

Decided February 6, 1985.

Reconsideration Denied March 22, 1985.

Attorney(s) appearing for the Case

Michael J. Martinis, Salem, argued the cause for appellants. On the brief were Norman F. Webb and Webb & Martinis, Salem.

Richard H. Allen, Salem, argued the cause for respondent. With him on the brief was Allen, Stortz, Fox & Susee, Salem.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.

GILLETTE, Presiding Judge.

Defendants Barnettes appeal from a decree of foreclosure, contending that the trial court erred by 1) finding that their sale on contract of certain mortgaged property triggered the due-on-sale clause contained in the mortgage, 2) allowing automatic enforcement of the due-on-sale clause and 3) striking certain equitable defenses. We affirm.

In October, 1970, plaintiff loaned $74,000 to George Suniga for the purpose of constructing...

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