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NATIONSBANK OF GEORGIA v. CONIFER ASSET

No. 95CA0031.

928 P.2d 760 (1996)

NATIONSBANK OF GEORGIA, National Association, a national banking association, Plaintiff-Appellant, v. CONIFER ASSET MANAGEMENT LTD., a Colorado limited liability company, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 6, 1996.

Certiorari Denied December 3, 1996.

Attorney(s) appearing for the Case

Faegre & Benson, Michael S. McCarthy, Christian C. Onsager, John R. Sperber, Denver, for Plaintiff-Appellant.

Doherty, Rumble & Butler, P.C., Garry R. Appel, Denver, for Defendant-Appellee.

Opinion by Judge DAVIDSON.

Plaintiff, NationsBank of Georgia, appeals from a trial court judgment which vacated a decree of foreclosure. The trial court found that plaintiff had waived default on a note by accepting subsequent payments and was, therefore, precluded from foreclosing against defendant, Conifer Asset Management Ltd. We reverse.

Plaintiff is the successor trustee for revenue bonds which were used to finance acquisition and construction of an apartment...

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