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IN RE TRI-GROWTH CENTRE CITY, LTD.

Bankruptcy No. 91-08548-M11.

133 B.R. 524 (1991)

In re TRI-GROWTH CENTRE CITY, LTD. dba Downtown Budget Motel, Debtor-in-Possession.

United States Bankruptcy Court, S.D. California.

October 11, 1991.

Attorney(s) appearing for the Case

Michael P. Fedynyshyn, Gary B. Elmer, Wittman, Fedynyshyn & Roberts, San Diego, Cal., for debtor-in-possession.

Daniel C. Minteer, Sue J. Hodges, Matthew S. Walker, Pillsbury, Madison & Sutro, San Diego, Cal., for creditor (Imperial Bank).

MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

I.

INTRODUCTION

Creditor Imperial Bank ("Imperial") submitted its ex parte application for order enjoining use of income from the real property known as Downtown Budget Motel. The ex parte application raises two issues. First, did Imperial obtain a security interest in the hotel revenues by virtue of the assignment of rents provision in the deed of trust or by virtue of its UCC-1...

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