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BLUNIER v. STAGGS

09P10477; A145975.

279 P.3d 826 (2012)

250 Or. App. 215

Bernard D. BLUNIER and Jean Marie Blunier, husband and wife, Plaintiffs-Respondents, v. Richard L. STAGGS, II, Defendant, and Walter Scott Zwingli, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 31, 2012.

Attorney(s) appearing for the Case

Terrance J. Slominski , Tigard, argued the cause for appellant. With him on the briefs were David W. Venables and Slominski and Associates.

Teresa Ozias argued the cause for respondents. With her on the brief was Shetterly, Irick & Ozias.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

Defendant Zwingli appeals from a general judgment of foreclosure based on his failure to comply with terms of a trust deed in favor of plaintiffs, the beneficiaries under the deed — in particular, his failure to pay plaintiffs for attorney fees that they incurred in attempting to enforce the term of that deed under which defendant agreed to "preserve and maintain the property in good condition and repair...

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