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UNITED CAROLINA BANK v. TUCKER

No. 8913SC446.

392 S.E.2d 410 (1990)

99 N.C. App. 95

UNITED CAROLINA BANK v. Thomas S. TUCKER and Janet H. Tucker.

Court of Appeals of North Carolina.

June 19, 1990.

Attorney(s) appearing for the Case

Baxley and Trest by Roy D. Trest, Shallotte, for plaintiff-appellee.

Stanley & Stanley by Davey L. Stanley, Shallotte, for defendant-appellant Thomas S. Tucker.

Murchison, Taylor, Kendrick, Gibson & Davenport by Nancy M. Guyton, Shallotte, for defendant-appellant Janet H. Tucker.

PARKER, Judge.

This action was instituted by plaintiff United Carolina Bank for a deficiency judgment against the defendants Thomas S. Tucker and Janet H. Tucker following a foreclosure sale.

Defendants were indebted to plaintiff in the original principal amount of $78,169.69. This debt was evidenced by a promissory note and secured by a second deed of trust upon real estate owned by defendants. Pursuant to the power of sale contained in the deed of trust...

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