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CITICORP v. FREMONT NAT. BANK

No. 85CA0002.

738 P.2d 29 (1987)

CITICORP PERSON-TO-PERSON FINANCIAL CENTER, INC., a Colorado corporation, Plaintiff-Appellee, v. FREMONT NATIONAL BANK, a Colorado corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

April 2, 1987.

Attorney(s) appearing for the Case

Machol & Machol, P.C., Jacques A. Machol, III, Denver, for plaintiff-appellee.

Hawthorne & Meconi, Rocco F. Meconi, Canon City, for defendant-appellant.

METZGER, Judge.

In this action to determine the right to the proceeds from an installment land sale contract, defendant, Fremont National Bank (the Bank), appeals the summary judgment entered in favor of plaintiff, Citicorp Person-to-Person Financial Center, Inc., (Citicorp). Citicorp had claimed a right to the proceeds by virtue of the "rents, issues and profits" clause in a deed of trust it held on the real property. The Bank had claimed a right to the proceeds...

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