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ANTHONY MARANO CO. v. JONES

No. COA03-367.

598 S.E.2d 393 (2004)

ANTHONY MARANO COMPANY, Plaintiff, v. Phillip C. JONES and Michelle M. Jones, Defendants, and Paul L. Bitter and Sandra L. Bitter, Intervening-Defendants.

Court of Appeals of North Carolina.

July 6, 2004.

Attorney(s) appearing for the Case

R. Keith Johnson, P.A., by R. Keith Johnson, Charlotte, for the plaintiff-appellee.

Hamilton, Gaskins, Fay & Moon, P.L.L.C., by Jackson N. Steele and Mark R. Kutny, Charlotte, for the intervenor-appellants.

ELMORE, Judge.

To secure a debt, Phillip Jones (defendant) executed a mortgage in favor of Anthony Marano Company (appellee) on certain real property in Cleveland County, North Carolina (the property) on 16 June 1992. The mortgage was recorded in the Cleveland County Registry on 25 June 1992. On 21 October 1993, defendant and appellee executed a demand note (second note), changing the terms of the original debt obligation by reducing the interest rate. As of our hearing...

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