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FIRST UNION NAT. BANK v. LINDLEY LABS.

No. COA98-147.

510 S.E.2d 187 (1999)

FIRST UNION NATIONAL BANK OF NORTH CAROLINA, et al., Plaintiffs, v. LINDLEY LABORATORIES, INC., et al., Defendants.

Court of Appeals of North Carolina.

January 19, 1999.

Attorney(s) appearing for the Case

Northern Blue, LLP, by David M. Rooks, III, Chapel Hill, for plaintiff-appellants.

Daniel S. Bullard, Gibsonville, for defendant-appellee.

GREENE, Judge.

First Union National Bank (Bank) appeals from the judgment of the trial court denying the relief requested in its Complaint for Declaratory Judgment.

The evidence before the trial court, which is not in dispute, reveals that on 9 November 1994, W. Lin Cobb and Breta Cobb (the Cobbs) gave a deed of trust to Bank encumbering Lot 8, Fairchild Heights in Alamance County (Lot 8). This deed of trust was recorded at Book 910, Page 426 in the Alamance...

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