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DEFENDANTS
NO DESCRIPTION
1 Depositions taken in this cause
2 Original note and mortgage
3 Recapitulation of amounts owed
under note and mortgage as pre-
pared by William Donavan, CPA
4 Documentary evidence regarding
payments made by defendants to
plaintiff under the note and
mortga~e which warrants the sub-
ject matter of this litigation
3. QTHER PROVISIONS:
OBJECTIONS RESERVED
BY PLAINTIFF
To be used only in accor-
dance with F1a.R.Civ.P.
None
Hearsay
None, as long as it
comports with the
stipulations above
(a) In the event the court decides that plaintiff is the
prevailing party in this litigation that the Court will~at a
separate and subsequent hearing determine the amount of attor=
ney's fees to be awarded to Plaintiff.
(b) The issues to be tried in this case are: ~
(1) The admissibility and effect of the letter agree-
ment executed by the defendants on March 28, 1980.
(2) If the letter agreement is not admissible or given
effect by the Court, whether the Defendants have defaulted in
the payments required under the note and mortgage by virtue of
alleged agreements By the plaintiff to extend time for the pay-
ments due under the promissory note and mortgage.
(3) Whether the plaintiff was required to give defend-
ants notice of her intention to accelerate the unpaid balance,
claiming forfeiture and foreclose the mortgage and whether the
plaintiff did, in fact, accelerate the unpaid balance due under
the note and mortgage.
(4) Dependinq on the agreements the court finds bind-
ing, the court must determine the amounts due under the note
and mortage.
(c) Discovery will remain open until five ~5) days before
trial.
NEIIL ORIiFIN J[iFRIE! i CLOYO utr~x~~~ PaGE1801
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