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| | SUFFOLK, SS |
 | | By letter dated May 20, 1997, Winter Hill sent Mourad a notice informing him that the January 13, 1997 foreclosure agreement was terminated as of June 15, 1997, and that at that time all amounts past due and outstanding were due the Bank. |
 | | Winter Hill believes that the evidence will show that it properly conducted the foreclosure sale, and that Mourad is liable under the note and under a theory of money had and received. |
 | | Winter Hill expects to show that there is approximately $75,000 due and owing by Mourad on the note, including principal, interest, fees, penalties and costs. |
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