Bonady Apartments, Inc. v. Columbia Banking Federal Savings & Loan Ass'n

opinion of the court

D. Bruce Crew, J.

Plaintiff moves for summary judgment seeking a declaration that defendant may not invoke acceleration clauses contained in a bond and mortgage executed by and between the parties hereto in the event of a transfer of the subject property, so long as the transferee agrees to assume the obligation according to the terms of those instruments.1 Additionally, the parties at oral argument and in their *924memoranda of law have addressed a further- question to the court: assuming that the consent of the defendant is necessary to prevent possible invocation of the…