Miller v. Uhrick

OPINION

LIVERMORE, Judge.

Plaintiff, Clayton Miller, purchased real property from defendant Susan Uhrick for $46,000. $33,500 was paid in cash; the remainder, secured by a deed of trust, to be paid in monthly installments on the first of each month beginning January 1, 1981. The deed of trust provided that time was of the essence, that acceptance of late payments was not a waiver of that provision, and that in the event of any default the beneficiary, by written notice, could “declare all sums secured ... immediately due and payable” and could elect to sell the property. Payments that were two…