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.To recover the deficiency between the amount of the loan and the price that the collateral sold for, the RTC filed a lawsuit against 1601 Partners and others.One of the issues before the court was whether the note was negotiable.The defendants argued that it was not, because it incorporated the terms of the deed of trust.How should the court rule on this issue?
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