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KIRKHART v. SAIEED

No. 895SC553.

389 S.E.2d 837 (1990)

98 N.C. App. 49

H.C. KIRKHART v. Thomas A. SAIEED and Marilyn Saieed v. BOARDWALK DEVELOPMENT COMPANY, INC., a North Carolina corporation; Ronald A. Chupka, Sandy Chupka, David Rock Whitten, and Monica F. Whitten.

Court of Appeals of North Carolina.

April 3, 1990.

Attorney(s) appearing for the Case

Shipman & Lea by James W. Lea, III, Wilmington, for plaintiff-appellee, H.C. Kirkhart.

Marshall, Williams, Gorham & Brawley by Ronald H. Woodruff, Wilmington, for defendant-appellants, Thomas A. Saieed and Marilyn Saieed.

ORR, Judge.

On 12 April 1985, defendants signed a promissory note between plaintiff and Boardwalk as guarantors of the principal amount of $150,000.00. Additional guarantors were Ronald Chupka, Sandi Chupka, David Rock Whitten and Monica F. Whitten. Plaintiff received an additional $25,000.00 as fee to "boost the yield" for the promissory note.

To secure the note, plaintiff received a deed of trust executed by Boardwalk...

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