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Money Store Investment Corp. v. Summers2/9/2005
rights hereunder, shall, with interest thereon at the rate of [default rate] per annum, become a part of the mortgage indebtedness hereby secured and shall, on demand, by paid by the Mortgagor.
(App. 313). Because the mortgage authorized the recovery of "all costs, expenses and attorney's fees necessarily incurred" to protect the lien and rights of Phillips, as mortgagee, Nally does not render the trial court's award of attorney's fees contrary to law.
As the non-movant and appellant, Money Store bore the burden of demonstrating that the trial court's grant of summary judgment was erroneous. Kennedy, 806 N.E.2d 779. Money Store has failed to do so.
Affirmed.
FRIEDLANDER, J., and MATHIAS, J., concur.
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