Krause v. Columbia Savings & Loan Ass'n

VAN CISE, Judge.

Plaintiffs instituted this action seeking a declaratory judgment, damages, and an in junction against enforcement of a "due on sale" provision in a deed of trust securing an indebtedness to defendant Columbia Savings and Loan Association (the lender). From an order denying plaintiff's motion for a preliminary injunction, plaintiffs appeal. We affirm.

The facts are not disputed. In August 1972, plaintiffs Krause (the borrowers) executed a deed of trust to the defendant public trustee for the benefit of the lender. In that deed of trust, borrowers agreed that:."In the event of…