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WELLS FARGO BANK v. ARLINGTON HILLS

No. COA12-1060.

742 S.E.2d 201 (2013)

WELLS FARGO BANK, N.A., successor by merger to Wachovia Bank, National Association, Plaintiff, v. ARLINGTON HILLS OF MINT HILL, LLC, John Kevin Cobb, Beverly A. Cobb, Max B. Smith, Jr., Christy C. Smith and Mark E. Carpenter, Defendants.

Court of Appeals of North Carolina.

March 19, 2013.

Attorney(s) appearing for the Case

Robinson, Bradshaw & Hinson, P.A., Charlotte, by David M. Schilli and Ty E. Shaffer , for plaintiff appellee.

Tison Redding, PLLC, by Joseph R. Pellington and Marjorie C. Redding , Charlotte, for Mark E. Carpenter defendant appellant.

McCULLOUGH, Judge.

Defendant Mark E. Carpenter ("Guarantor") appeals from the trial court's grant of summary judgment in favor of Wells Fargo Bank, National Association ("Bank"), successor by merger to Wachovia Bank, National Association. For the following reasons, we affirm.

I. Background

On 30 November 2005, defendant Arlington Hills of Mint Hill, LLC ("Borrower") entered into a loan agreement with Bank in order to acquire real property...

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