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ORIX CAPITAL v. CADLEROCKS CENTENNIAL DRIVE

Civil Case No. 10-12019-NMG.

922 F.Supp.2d 130 (2013)

ORIX CAPITAL MARKETS, LLC in its Capacity as Special Servicer and Attorney-in-Fact for Wells Fargo Bank, N.A. Formerly Known as Wells Fargo Bank Minnesota, N.A., as Trustees for Registered Holders of Salomon Brothers Mortgage Securities VII, Inc., Commercial Mortgage Pass-Through Certificate Series 2000 C-2, Plaintiff, v. CADLEROCKS CENTENNIAL DRIVE, LLC, Daniel Cadle, Defendants.

United States District Court, D. Massachusetts.

January 15, 2013.

Attorney(s) appearing for the Case

Armando E. Batastini , Nixon Peabody LLP, Providence, FJ, for Plaintiff.

David H. Rich , Benjamin J. Wish , Todd & Weld LLP, Boston, MA, for Defendant.

MEMORANDUM OF DECISION

GORTON, District Judge.

This case involves a dispute between a lender and the borrower and guarantor, with respect to a loan and a mortgage on commercial property in Peabody, Massachusetts.

This Court, sitting without a jury, presided over a three-day trial of this case in December, 2012. The Court now announces its findings of fact and conclusions of law.

I. Findings of Fact

A. The...

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