O.P.D.I.-U. S., INC. v. COLLINS

A89A1050.

193 Ga. App. 454 (1989)

388 S.E.2d 49

O.P.D.I.-U. S., INC. v. COLLINS et al.

Court of Appeals of Georgia.

Decided November 9, 1989.


Attorney(s) appearing for the Case

Leslie J. Bryan, Richard D. Ellenberg, for appellant.

Michael J. Bowers, Attorney General, H. Perry Michael, Executive Assistant Attorney General, Harrison W. Kohler, Deputy Attorney General, Verley J. Spivey, Senior Assistant Attorney General, Grace E. Evans, Assistant Attorney General, for appellees.


CARLEY, Chief Judge.

Appellant-plaintiff purchased real property and gave a deed to secure debt to the Bank of Montreal. When appellant subsequently sold the real property to Atlanta Biltmore Associates, Ltd. (ABAL), ABAL gave to appellant a wraparound deed to secure debt. This wraparound deed to secure debt provided, in relevant part, that "[t]he indebtedness secured [here]by ... represents and is expressly inclusive of the outstanding principal balance plus accrued...

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