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CITIZENS VALLEY BANK v. MUELLER

16-82-03823; CA A26098.

662 P.2d 792 (1983)

63 Or.App. 152

CITIZENS VALLEY BANK, an Oregon Banking Corporation, Respondent, v. Martin C. MUELLER, Larry F. Vonklein and Carmen Vonklein, Defendants, Bernd D. Hoffman, Dba L & B Investments and Also Dba Garden Court Joint Venture, and Bdh Investments, an Oregon Limited Partnership, Appellants.

Court of Appeals of Oregon.

Argued and Submitted March 4, 1983.

Attorney(s) appearing for the Case

Gordon R. Hanna, Eugene, argued the cause for appellants. With him on the briefs were Frye, Hanna & Veralrud, P.C., Eugene.

Dean M. Quick, Albany, argued the cause for respondent. With him on the brief was Weatherford, Thompson, Brickey & Powers, P.C., Albany.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

VAN HOOMISSEN, Judge.

Defendants appeal from a summary judgment in this suit to foreclose a mortgage.

Plaintiff held a mortgage on land owned by defendants. It contained an acceleration clause that, on defendants' default in performance of any of its covenants, allowed plaintiff, at its option and without notice, to declare the balance owing due and payable and to foreclose. Lane County threatened to condemn part of the land. When a title company called plaintiff...

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