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MATTER OF FORECLOSURE OF DEED OF TRUST

No. 941SC674.

455 S.E.2d 676 (1995)

118 N.C. App. 458

In the Matter of The FORECLOSURE OF a DEED OF TRUST EXECUTED BY FERRELL BROTHERS FARMS, INC.

Court of Appeals of North Carolina.

April 4, 1995.

Attorney(s) appearing for the Case

Trimpi & Nash by John G. Trimpi, Elizabeth City, for appellant Essex Mortgage Corporation.

Pritchett, Cooke & Burch by Lars P. Simonsen and Stephen R. Burch, Windsor, for appellee substitute trustee.

Everett, Everett, Warren & Harper by Edward J. Harper, II, Greenville, for appellee East Carolina Farm Credit, ACA, and in its own behalf as Attorneys for ACA.

GREENE, Judge.

Essex Mortgage Corporation (Essex) appeals from the trial court's order granting the trustee in a foreclosure proceeding a trustee's commission and permitting the payment of attorneys' fees.

This case arises out of a foreclosure proceeding instituted by East Carolina Farm Credit, ACA, who held the first mortgage (the instrument) on property owned by Ferrell Brothers Farms, Inc. Essex had the rights...

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