Legal Opinion
Bank of Hawaii v. Kepaoa Development Corp.
High Court of American Samoa
Decided May 3, 2005No. CA No. 98-04Published
1Opinion of the Court
ORDER DENYING MOTIONS FOR APPOINTMENT OF RECEIVER AND ENFORCEMENT OF RENT ASSIGNMENT CLAUSE
Defendant Kepaoa Development Corporation (“Kepaoa”) took out a leasehold mortgage (“the mortgage”) with Bank of Hawaii (“BOH”). Kepaoa secured the mortgage with a lease that it owned on land in Utulei Village and the improvements on the land (“the premises”). The mortgage agreement provided that in the event of default, BOH had the right to have a receiver appointed and also had the right to have any rents from the premises assigned to it. Kepaoa then subleased a portion of the premises to British…
2Cases cited18 opinions
- United States v. Georgia-Pacific CompanyCourt of Appeals for the Ninth Circuit · 1970
- Van Wagner Advertising Corp. v. S & M EnterprisesNew York Court of Appeals · 1986
- Hennessy v. WoolworthSupreme Court of the United States · 1888
- Commerce Bank Harris Savings Association v. Mountain View Village, Inc. Property Management, Inc., Mountain View Village, Inc.Court of Appeals for the Third Circuit · 1993
- Inman v. Union Planters National BankCourt of Appeals of Tennessee · 1982
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