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COOPER v. DESERET FEDERAL SAV. AND LOAN

No. 880028-CA.

757 P.2d 483 (1988)

Jack D. COOPER, Plaintiff and Respondent, v. DESERET FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendant and Appellant.

Court of Appeals of Utah.

July 6, 1988.

Attorney(s) appearing for the Case

Joseph E. Hatch (argued), Salt Lake City, for defendant and appellant.

Heber Grant Ivins (argued), American Fork, for plaintiff and respondent.

Before BILLINGS, GREENWOOD and DAVIDSON, JJ.

OPINION

BILLINGS, Judge:

Deseret Federal Savings and Loan Association ("Deseret") appeals from the trial court's decision which barred Deseret from enforcing the due-on-sale option of the parties' trust deed and ordered Deseret to pay Cooper's attorney fees. We affirm in part and reverse in part.

Deseret and Cooper executed a trust deed to secure a $315,000 note. The deed contains a due-on-sale option, which provides in pertinent part:

If...

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