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BANK OF MYRTLE POINT v. SEC. BANK OF COOS COUNTY

83-26; CA A33866.

718 P.2d 1373 (1986)

79 Or.App. 184

BANK OF MYRTLE POINT, a corporation, Respondent, v. SECURITY BANK OF COOS COUNTY, a corporation, and Martin E. Stone, Appellants.

Court of Appeals of Oregon.

Decided April 30, 1986.

Attorney(s) appearing for the Case

Martin E. Stone, Coquille, argued the cause for appellants. With him on briefs was Slack, Stone & Gillespie, Coquille.

Maurice V. Engelgau, Coquille, argued the cause for respondent. With him on brief was Bruce E. Wiegman, Coquille.

Before, RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

This case is before us a second time. Plaintiff brought an action to recover money resulting from the foreclosure of a trust deed by "advertisement and sale." ORS 86.735; ORS 86.770. It holds two mortgages that are subordinate to a trust deed of which defendant Security Bank of Coos County ("Security Bank") is the beneficiary and defendant Stone is the trustee. The principal issue is whether, as the trial court held, defendants are liable to plaintiff...

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