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ROSEBOROUGH v. EMPIRE AMERICA

Docket No. 95306.

168 Mich. App. 92 (1987)

423 N.W.2d 578

ROSEBOROUGH v. EMPIRE OF AMERICA

Michigan Court of Appeals.

Decided December 14, 1987.

Attorney(s) appearing for the Case

Law Offices of Harry D. Hirsch, Jr. (by Harry D. Hirsch, Jr.), for plaintiffs.

Honigman, Miller, Schwartz & Cohn (by Ronald S. Longhofer and David B. Nelson), for defendant.

Before: H. HOOD, P.J., and R.M. MAHER and J.B. SULLIVAN, JJ.

PER CURIAM.

Plaintiffs commenced this action against defendant alleging that the bank had failed to timely pay their real estate taxes as required by the parties' mortgage agreement. That agreement contained the following provision requiring defendant to pay the real estate taxes "when due":

In order more fully to protect the security of this mortgage, in addition to the monthly installments of principal and interest, to pay to mortgagee an installment of...

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