Question
1601 Partners, Ltd., executed a promissory note in the amount of $1,650,000.As collateral for the loan represented by the note, 1601 Partners executed a deed
1601 Partners, Ltd., executed a promissory note in the amount of $1,650,000.As collateral for the loan represented by the note, 1601 Partners executed a deed of trust (a mortgage) for certain property owned by 1601 Partners.The note stated that "the terms, agreements and conditions of [the deed of trust] are by reference made part of the note."Southmark subsequently assigned the note to San Jacinto Savings Association (SJSA).When 1601 Partners failed to make the payments due under the note, SJSA sold the collateral property for $1,050,000.SJSA subsequently failed, and the Resolution Trust Corp. (RTC) took over its accounts.
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