Galleria Towers, Inc. v. Crump Warren & Sommer, Inc.

Opinion by

Judge ROTHENBERG.

Plaintiff, Galleria Towers, Inc., (Galleria) appeals the summary judgment entered in favor of defendants, Crump Warren & Sommer, Inc., (Crump Warren) and Fred S. James & Company of Colorado, Inc. (James Co.). We affirm.

In 1979, Century Properties Fund XII executed two promissory notes payable to its lender, Chase Manhattan Bank, N.A. As security for the notes, Century executed a deed of trust encumbering an office and retail complex (the property) in favor of Chase.

One provision of the deed of trust read:

[Century] will not ... except where the lessee is in default…