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TRUSTEE SVCS. v. R.C. KOONTS & SONS MASONRY

No. COA09-406.

688 S.E.2d 737 (2010)

TRUSTEE SERVICES, INC., Petitioner, v. R.C. KOONTS AND SONS MASONRY, INC., Roy Clifton Koonts, III, David Craig Koonts and Edith L. Koonts, Respondents.

Court of Appeals of North Carolina.

February 2, 2010.

Attorney(s) appearing for the Case

Biesecker, Tripp, Sink & Fritts, L.L.P., by Joe E. Biesecker and Christopher A. Raines, Lexington, for Petitioner-Appellant.

Nachamie & Whitley, PLLC, by W. Darrell Whitley, Lexington, for Respondents-Appellees.

BEASLEY, Judge.

Trustee Services, Inc. (Petitioner) appeals an order dismissing a petition to foreclose upon a deed of trust. For the following reasons, we affirm.

In November 1999, grantors, Roy Clifton Koonts, Jr. (Junior) and his wife, Edith L. Koonts (Edith), executed a deed of trust (Deed of Trust) for $130,000.00 in favor of Lexington State Bank (LSB). The trustee was named as Trustee Services, Inc. The Deed of Trust contained the following language...

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