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IN RE ALLAN & WARMBOLD CONST. CO.

No. 8726SC428.

364 S.E.2d 723 (1988)

In re FORECLOSURE OF DEED OF TRUST FROM ALLAN & WARMBOLD CONSTRUCTION CO., INC., Original Mortgagor, to Kemp M. Causey, Trustee, dated October 27, 1980 and recorded in Book 4363, Page 001, Mecklenburg County Public Registry; Reference being made to Substitution of Trustee recorded in Book 4839, Page 0284, Mecklenburg County Public Registry, and to Substitution of Trustee recorded in Book 4933, Page 0743, of the Mecklenburg County Public Registry, and to Substitution of Trustee recorded in Book 5105, Page 0083, Mecklenburg County Public Registry.

Court of Appeals of North Carolina.

February 16, 1988.

Attorney(s) appearing for the Case

Parker Whedon and Waggoner, Hamrick, Hasty, Monteith, Kratt, Cobb and McDonnell by James D. Monteith, Charlotte, for appellants Allan & Warmbold Const. Co., Inc. and Carmel Chace II.

Wray, Layton, Cannon, Parker & Jernigan by David R. Cannon, Charlotte, for appellee Substitute Trustee David A. Layton.

Miller, Johnston, Taylor & Allison by Steven D. McClintock and Steele B. Windle, III, Charlotte, for appellee Robert R. Rhyne, Jr.

Parker, Poe, Thompson, Bernstein, Gage & Preston by Fred T. Lowrance and Sally Nan Barber, Charlotte, for appellee North Carolina Federal Sav. and Loan Ass'n.

PHILLIPS, Judge.

This proceeding to foreclose on three parcels of Mecklenburg County real estate is based upon the failure of the appellant mortgage debtors, Allan & Warmbold Construction Co., Inc. and Carmel Chace II, to make the payments required by a note and deed of trust held by North Carolina Federal Savings and Loan Association, and the correctness of the proceeding through the first resale following an upset...

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