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3. The mortgage sued upon by Plaintiff constitutes a good, '
valid, and subsisting lien upon the entire parcels of property
described in the mortgage, and said mortgage is .superior to the ~
interest and equity of the Defendants named in the Complaint, and all i
persons claiming by, through, under or against said Defendants since
the filing of the Notice of Lis Pendens in this action. The Court
further determines and finds that the terms, conditions and covenants
of the promissory note and mortgage are as stated in the Complaint.
Plaintiff is the owner and holder of the promissory note and
mortgage.
4. The Court further finds and determines that the
Defendants have defaulted under the promissory note and mortgage by 1
failing to pay in full the final installment of principal and -
interest due on August 29, 1978. The Court further finds that on
August 29, 1978, the Defendants owed Plaintiff the sum of $130,752.00
in principal and $9,479.52 in accrued interest for a total of
$140,231.52. After August 29, 1978, interest continued to accrue in
the promissory note and mortgage at the per diem rate of $27.854205
until Defendants paid the sum of $30,000.00 on account on January 15,
1979. The Court further finds that in December of 1978, the
Defendant, JON H. BERREY, forwarded to Plaintiff's counsel checks
dated 12/28/78, 1/15/79, 1/30/79 and 2/15/79 in the amounts of
f
g $40,000, $30,000, $30,000 and $25,000 respectively as partial
payments on the balance due on the mortgage. The check for $40,000
dated 12/28/78 and the check for $30,000 dated 1/30/79 were returned
for insufficient funds following their deposit on or after the dates
on the respective checks. The check dated 2/15/79 was also deposited
on or after the date of the check, and payment of that check was
stopped by the Defendant, JON H. BERREY. The only check which was
paid was the check dated 1/15/79 in the amount of $30,000 which was ~
y I
paid on or about January 15, 1979. Applying the payment of the check
dated January 15, 1979 to the principal and accrued interest due on
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g~R;309 Q.~f29