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IN RE MICHAEL WEINMAN ASSOCIATES

No. 9026SC1233.

407 S.E.2d 288 (1991)

103 N.C. App. 756

In re Foreclosure of Deed of Trust of MICHAEL WEINMAN ASSOCIATES GENERAL PARTNERSHIP.

Court of Appeals of North Carolina.

August 20, 1991.

Attorney(s) appearing for the Case

Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin, P.A. by John W. Ervin, Jr., Morganton, for petitioner.

Weinstein & Sturges, P.A. by L. Holmes Eleazer, Jr., T. LaFontine Odom and Thomas D. Myrick, Charlotte, for respondent.

LEWIS, Judge.

On 7 April 1988 petitioner, North Mecklenburg Associates (North Mecklenburg), conveyed to respondent, Michael Weinman Associates General Partnership (Weinman), a parcel of land in Mecklenburg County of approximately 400 acres. At the time of the conveyance Weinman executed a promissory note in favor of North Mecklenburg which was secured by a deed of trust upon the 400 acres. The terms of the deed of trust and note essentially required that Weinman pay...

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