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HOELTING ENTERPRISES v. TRAILRIDGE INVESTORS

Nos. 67,763, 68,003

17 Kan. App. 2d 777 (1993)

844 P.2d 745

HOELTING ENTERPRISES, a general partnership, Appellant/Cross-appellee, v. TRAILRIDGE INVESTORS, L.P., Appellee/Cross-appellant.

Court of Appeals of Kansas.

Petition for review denied March 16, 1993.

Attorney(s) appearing for the Case

Thomas W. Harris, of Law Offices of Roy S. Bennett, Jr., of Shawnee, for the appellant/cross-appellee.

Steven R. Anderson, David C. Seitter, and Bernard D. Craig, Jr., of Levy and Craig, P.C., of Overland Park, for the appellee/cross-appellant.

Before GERNON, P.J., DAVIS and RULON, JJ.

Petition for review denied 252 Kan. ___ (March 16, 1993).

DAVIS, J.:

This is an appeal by a mortgagee from an order of the trial court holding that the mortgagee was not entitled to the rents and profits from an apartment complex after default by the mortgagor. The mortgage and a separate agreement provided for the assignment of rents as additional security upon default, and the mortgagee initiated legal action after default to secure its rights to the rents...

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