94-00184CV; CA A91510.

933 P.2d 365 (1997)

146 Or. App. 282

Marlys V. ALDERMAN, now known as Vicki Alderman Forell, Respondent-Cross-Appellant, v. Christine A. DAVIDSON and Sharon Mallory, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Decided February 12, 1997.

Review Allowed May 20, 1997.

Attorney(s) appearing for the Case

Paul B. Heatherman, argued the cause and filed the opening brief for appellants—cross-respondents. With him on the reply brief was Ray A. Babb & Associates, Bend.

Donald R. Crane, Klamath Falls, argued the cause and filed the brief for respondent— cross-appellant.


WARREN, Presiding Judge.

Plaintiff brought this action to foreclose a trust deed that she holds on property in Lake County. She sought foreclosure on either of two grounds: that defendant Christine Davidson (defendant)1 was delinquent in her payments and that she had failed to pay the taxes on the property. Defendant asserted that plaintiff had waived the time of the essence clause of the trust deed, and thus the right to accelerate the...

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