Legal Opinion

Merrillville 2548, Inc. v. BMO Harris Bank N.A.

Indiana Court of Appeals

Decided June 9, 2015No. 45A03-1409-MF-345PublishedCited by 6 opinions

1Opinion of the Court

BRADFORD, Judge.

Case Summary

In 2006, MCSS Merrillville, L.L.C. (“Borrower”), executed a promissory note (“the Note”) and leasehold mortgage (“the Mortgage”) as security for the note in favor of Amcore Bank, N.A.; the debt and mortgage were later assigned to Appel--lant-Plaintiff-Counterclaim Defendant BMO Harris Bank, N.A., (“BMO Harris”). Borrower had entered into a lease (“the Lease”) for real property in Century Plaza in Merrillville (“the Parcel”), on which it operated a Golden Corral restaurant. The Lease required Borrower to refrain from assigning the Lease or subletting the Parcel.…

Also in this document: Concurrence.

2Cases cited23 opinions

  1. Williams v. EgglestonSupreme Court of the United States · 1898
  2. Collins v. McKinneyIndiana Court of Appeals · 2007
  3. GKC Indiana Theatres, Inc. v. Elk Retail Investors, LLC.Indiana Court of Appeals · 2002
  4. Lowe v. TurpieIndiana Supreme Court · 1896
  5. Garling v. Indiana Department of Natural ResourcesIndiana Court of Appeals · 2002

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3Cited by6 opinions

  1. East Point Business Park, LLC, Fieldview Properties, LLC, and Karen Rusin v. Private Real Estate Holdings, LLCIndiana Court of Appeals · 2015
  2. State of Indiana v. Tyson Timbs and a 2012 Land Rover LR2Indiana Court of Appeals · 2016
  3. Dr. Curtis K. Deason and Connie S. Deason v. Bill R. McWhorter and Heather McWhorter Revocable Living Trust, Dated January 24, 2003Indiana Court of Appeals · 2018
  4. James W. Klenner v. Lisa M. Klenner (mem. dec.)Indiana Court of Appeals · 2017
  5. State of Indiana v. Tyson Timbs and a 2012 Land Rover LR2Indiana Court of Appeals · 2016

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