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4 . Namvar Taghipour, Danesh Rahemi, and Edgar Jerez formed a limited liability company ( the LLC ) to purchase and develop a parcel of
Namvar Taghipour, Danesh Rahemi, and Edgar Jerez formed a limited liability company the LLC to purchase and develop a parcel of real estate. The LLCs articles of organization designated Jerez as the LLCs manager. In addition, the written operating agreement among the members of the LLC provided: No loans may be contracted on behalf of the LLC unless authorized by a resolution of the members. On the next day, the LLC acquired the intended real estate. Two years later, Jerez, without the knowledge of the LLCs other members, entered into a loan agreement on behalf of the LLC with Mount Olympus. According to the loan agreement, Mount Olympus lent the LLC $ and, as security for the loan, Jerez executed and delivered a trust deed on the LLCs real estate property. Mount Olympus then disbursed $ to Jerez and retained the $ balance to cover various fees. In making the loan, Mount Olympus did not investigate Jerezs authority to enter into the loan agreement beyond determining that Jerez was the manager of the LLC Jerez absconded with the $ The LLC never made payments on the loan, since it was unaware of the loan, and consequently defaulted. Mount Olympus then foreclosed on the LLCs property, giving notice of the default and pending foreclosure sale to only Jerez. Explain whether the foreclosure was valid.
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