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PRESIDENTIAL REALTY v. BRIDGEWOOD REALTY

No. 92-37.

498 N.W.2d 694 (1993)

PRESIDENTIAL REALTY CORPORATION, Appellee, v. BRIDGEWOOD REALTY INVESTORS, Appellant, Norwest Bank Nebraska, N.A., formerly Center Bank, Appellee, and Peppertree Apartments Co., an Iowa Corporation; Pine-Bridge Green Limited Partnership; Aksarben Pipe and Sewer Cleaning Co.; and Pottawattamie County, Iowa, Defendants.

Supreme Court of Iowa.

Rehearing Denied May 21, 1993.

Attorney(s) appearing for the Case

Jack E. Ruesch of Telpner, Smith, Sawatzke & Ruesch, Council Bluffs, for appellant.

Deborah L. Petersen of Perkins, Sacks, Hannan, Reilly & Petersen, Council Bluffs, for appellee Presidential Realty Corp.

Donald J. Pavelka, Jr., of Hansen, Engles & Locher, P.C., Omaha, NE, for appellee Norwest Bank Nebraska, N.A.

Considered by LARSON, P.J., and SCHULTZ, CARTER, LAVORATO and ANDREASEN, JJ.

ANDREASEN, Justice.

Mortgagor appeals from district court order requiring receiver to pay all real estate taxes accruing prior to July 31, 1991, from receivership assets and to pay all remaining funds to clerk to allow senior mortgage holder to enforce its rights. Mortgagor contends the district court erred in ordering the payment of real estate taxes not yet delinquent. The mortgagor also contends the court erred in ordering the remaining funds to be paid to the...

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