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ad~udicated to be due for costs incurred in these proceedings,
plus an additional ~103.81 for costs incurred since April 19, .
1979, and the Defendanta are entitled to an interest credit on
the real.estate commission in the amount of $414.70. The Court
further determines that Plaintiff is entitled to recover reason-
able attorneys' fees, and, pursuant to oral stipulation of counsel
made at the hearing on July 17, 1979, that ~he Court could deter-
mine said fees based upon the Affidavits filed with the Court, the
Court awards to Plaintiff a reasonable attorneys' fee of
$12,000.00. The total sums due to Plaintiff on the note and ~
mortgage including principal, interest, costs, and reasonable
attorneys' fees is the sum of $61,936.21 as of the date of
the entry of this Final Judgment. ~
5. The Court determines that the failure of Defendants to
pay the final installment of principal and interest in full consti-
tutes a default under the promissory note and mortgage. The
Court also determines that Defendants further defaulted under
the promissory note and mortgage by failing to pay real estate
taxes on the property which still remain outstanding in an
amount in excess of $25,000. ~
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! ' 6. With respect to the issue of partial releases, the
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{ Court has previously determined in the Partial Summary Judgment
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entered on May 30, 1979 that Defendants are entitled to releases
based upon the formula set forth in the mortgage. Since entry .
.of the Partial Summary Judgment, the Defendants have paid an
additional sum of $62,132.00 on the mortgage. In the Stipulation
of Fact entered into between the parties and filed in this action,
the parties set forth certain facts pertaining to the payment
~ of a real estate commission to the Defendant Hannett, and were
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~ in disagreement as to whether or not Hannett's unconditional
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~ release to Kiplinger of the final installment on his commission
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° agreement should be considered in determining the property to
be released. Having considered the facts set forth in the
Stipulation, the Court determines that the Defendants are
entitled to a credit for the commission sought by Defendant Hannett
in addition to the amounts paid by the Def~endants in cash towards
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