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KERN v. GEBHARDT

No. 86SC67.

746 P.2d 1340 (1987)

George B. KERN and Richard P. Hume, Petitioners, v. Richard G. GEBHARDT, Public Trustee of the County of Boulder, State of Colorado, and Deward E. Walker, Jr., Respondents.

Supreme Court of Colorado, En Banc.

December 14, 1987.

Attorney(s) appearing for the Case

Robinson & Mallon, P.C., James C. Mallon, Susan A. Stearns, Evergreen, for petitioners.

Hutchinson, Black, Hill & Cook, Forrest E. Cook, Heather Ryan, Boulder, for respondent, Richard G. Gebhardt, Public Trustee.

QUINN, Chief Justice.

The question in this case is whether the ten percent limitation on attorney fees in section 38-38-106, 16A C.R.S. (1982), applies to a proceeding to foreclose a deed of trust as to the entire indebtedness pursuant to a provision in the deed of trust granting the holder of the indebtedness the right to declare the whole of the indebtedness due and payable on default of any part of the obligation. In Kern v. Gebhardt, 717...

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