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BAKER v. GARDNER

No. CV-88-0104-PR.

160 Ariz. 98 (1988)

770 P.2d 766

John P. BAKER and Deborah Mae Baker, husband and wife, Plaintiffs/Appellants, v. Gary GARDNER and Margaret Gardner, husband and wife, Defendants/Appellees.

Supreme Court of Arizona, En banc.

Supplemental Opinion on Grant of Reconsideration March 20, 1989.

Attorney(s) appearing for the Case

Norman Rosenblum, Scottsdale, for plaintiffs/appellants.

Oscar C. Rauch, Phoenix, for defendants/appellees.

Ryley, Carlock & Applewhite, P.A. by George Read Carlock, Abigail Carson Berger, Phoenix, for amici curiae Arizona Bankers' Ass'n and Sav. and Loan League of Arizona, The Arizona Bank, Citibank (Arizona), First Interstate Bank of Arizona, The Valley Nat. Bank.

Norling, Oeser & Williams by Steven H. Williams, Reinhard W. Fischer, Phoenix, for amici curiae Strom.

FELDMAN, Vice Chief Justice.

A promissory note evidencing the deferred balance of the purchase price of residential property was secured by a second deed of trust. We granted review to determine whether the note's holder may waive the security of the deed of trust and bring an action for the entire unpaid balance. We have jurisdiction under Ariz. Const. art. 6, § 5(3) and A.R.S. § 12-120.24.

FACTS

The Bakers sold the Gardners a single-family...

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