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INTERVEST-MORTG. v. 85 FIFTH STREET ASSOC.

030942271; A129759.

168 P.3d 1260 (2007)

215 Or. App. 350

INTERVEST-MORTGAGE INVESTMENT, Sterling Savings Bank, fka Sterling Savings Association, a Washington State-chartered savings and loan association, Plaintiffs, v. 85 FIFTH STREET ASSOCIATES, LLC, fka New 85 Fifth Street Associates, LLC; The Commerce Bank of Washington, NA, a national banking association; City of La Grande, a municipal corporation and Nicholas Frudakis, as trustee of the Louka Trust u/a/d October 9, 1987, Defendants. Nicholas Frudakis, as trustee of the Louka Trust u/a/d October 9, 1987, Counterclaim, Plaintiff-Appellant, v. Sterling Savings Bank, fka Sterling Savings Association, a Washington State-chartered savings and loan association, Counterclaim, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 3, 2007.

Attorney(s) appearing for the Case

Kurt Kraemer, Portland, argued the cause for appellant. With him on the briefs were Jonathan M. Radmacher and McEwen Gisvold LLP.

David W. Criswell, Portland, argued the cause for respondent. With him on the brief was Ball Janik LLP.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

PER CURIAM.

Respondent is the holder of a promissory note secured by trust deeds encumbering property in Union County, Oregon, and property in Washington and Idaho. Respondent filed actions in each state to foreclose the various trust deeds. In each case, including the Union County action that is the subject of this appeal, the trial court granted respondent's motion for summary judgment and ordered foreclosure of the trust deed.

Appellant is the trustee of...

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