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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 unde~ the promissory note and mortgage
by 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, 19T8, the Defendants owed Plaintiff the sum of
$130,752•00 in principal and 59,479•52 in accrued interest for a
total of $140,231.52• After August~29, 1978, interest continued
to accrue on 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. BERKEY, forwarded to
Plaintiff's counsel checks dated 12/28/78, 1/15/79, 1/30/79 and
2/15/79 in the amounts of $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
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~ following their deposit on or after the 3ates on the respective
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! checks. The check dated 2/15/79 was also deposited on or after
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~ the date of the check, and payment of that check was stopped
~ by the Defendant, JON H. BERKEY. The only check which was
paid was the check dated 1/15/79 in the amount of $30,000 which
was 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 the~note and mortgage to that date, and further
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~ applying the payment of $62,132.00 made by Defendants on June 22,
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~ 1979, Defendants now owe Plaintiff the sum of $55,552•22 in
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~ principal with interest from June 22, 1979 at the rate of
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~ $11.034344 per day less a$5,720.04 credit awarded Defendant
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Hannett as cf the date of this Final Judgment. Additionally,
Defendants owe Plaintiff the sum of $150.10 previously
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8r,ac~1~ Pt.~E2,~705
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