Bank of America National Trust & Savings Ass'n v. Embry

This is an appeal from a decree of foreclosure and order of sale of certain real property.

A deed of trust to the subject property was executed in favor of respondent by the defendant Embry on September 18, 1952. It appears from the face of the deed of trust that it was given to secure the payment of a promissory note in the amount of $12,000, together with interest thereon, and to secure the payment of future loans or advances that might be made by respondent to, or for the benefit of Embry, and to secure the payment of reasonable attorneys’ fees if action were brought to foreclose the deed…