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MIDWEST FEDERAL SAV. BANK v. SYMINGTON

Civ. Nos. 870312 to 870315.

423 N.W.2d 797 (1988)

MIDWEST FEDERAL SAVINGS BANK, Plaintiff and Appellee, v. Paul SYMINGTON and Lois J. Symington, his wife; Dave Parker and D.J. Parker, Inc.; Employee's Pension Plan & Trust; and all other persons unknown claiming any estate or encumbrance upon the real estate described in the Complaint, Defendants, Richard L. Nelson, Bankruptcy Trustee and Successor in Interest to Paul Symington, Appellant.

Supreme Court of North Dakota.

May 16, 1988.

Attorney(s) appearing for the Case

Henry J. Eslinger, Grand Forks, for appellant.

Karen Kosanda Braaten, Grand Forks, for appellee.

LEVINE, Justice.

Paul S. Symington (Symington) gave three mortgages to Midwest Federal Savings Bank (Midwest) on a 64-unit three-building apartment complex called St. James Place Apartments. In September 1984 Symington defaulted on his payment obligations. In anticipation of foreclosure, Midwest moved for appointment of a trustee to manage the property during the redemption period, under NDCC § 32-19.2-01. Symington...

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