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having heard the argument of the attorney for the Plaintiffs, and
noting the failure of the attorneys for the Defendants who had
filed answers to the Plaintiffs' Complaint to appear, and having
examined the exhibits and affidavits~ and having taken into consi-
deration all admitted facts;
The Court finds that no triab le issue of material fact ex~~ts
except for the issue of reasonable attorney's fees of Plaintiffs'
counsel and Plaintiffs' costs, for which judgment should be ~ranted,
and the Court further finds that Plaintiffs are entitled to a judg-
ment against Defendant, TWO & THREE COt~ANY, as a matter of law,
therefore,
The mortgage sued upon by the Plaintiffs in this cause consti-
tutes a valid lien upon the property hereinafter describe d and the
mortgage is in default as alleged in the Comnlaint and in the
rtotion for Sum~nary Judgment.
2. That the Court reserves jurisdiction for entry of the amount
of the reasonable fee for services rendered by the law firm of
GILBERT, ORR & SIDAWAY, P.A., attorneys for the Plaintiffs in this
cause, which sum shall be due and owing and the court costs expended
on benalf of the Plaintiffs herein.
3. That there is due the Plaintiffs upon the mortgage and
promissory note secured thereby which are the subject matter of this
cause the following sums:
(a) Principal due on note and mortgage....$273,763.46
(b) Interest due from 21ay 5, 1980 to
Decersber 23, 1980 at -the rate of
9~% per annum (interest per diem - '
71.?_535)....... ............ ...... 16,530.81
(c) Costs of suit (to~be determine d~at
later hearing).... . ... . .....
(d) Plaintiffs' attorneys' fees (to~be
determined at later hearing)........
The above itemized sums are now due and o~~ing to the Plaintiffs
and in addition such further sums as may be paid by the Plaintiffs
for court costs, plus interest at 9~o per annum from the date of
this Summary Judgment until paid, and any further swns paid in con-
nection with this suit.
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~fl~x345 PAGE1872
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