Jacobs Investments v. PRD Holdings, Ltd.

COYTE, Judge.

Plaintiff appeals from the judgment of the trial court granting defendant’s motion for summary judgment and dismissing plaintiff’s request for injunctive relief. Plaintiff contends that the trial court erred in allowing defendant to cure a second default on a note secured by a deed of trust. We affirm.

The sole issue on appeal is whether a grantor of a deed of trust may, under § 38-39-118, C.R.S. 1973 (1979 Cum.Supp.), cure a second default on the note securing the deed of trust. Section 38-39-118(3), C.R.S. 1973, provides:

“Nothing in this section shall constitute a waiver of any…