Does the reference to the mortgage in the note cause

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Reference no: EM13107306

Q. Holly Hill Acres, LTD (Holly Hill) purchased land from Rogers and Blythe. As a part of its consideration, Holly Hill gave Rogers and Blythe a promissory note and purchase money mortgage. The note read, in part, "This note with interest is secured by a mortgage on real state made by the maker in favour of said payee. The terms of said mortgage are by reference made a part hereof." Rogers and Blythe assigned this note and mortgage to Charter Bank of Gains ville (Charter Bank) as security in order to obtain a loan from the bank. Within a few months, Rogers and Blythe defaulted on their obligation to charter Bank. Charter Bank sued to recover on Holly Hill's note and mortgage. Does the reference to the mortgage in the note cause it to be nonnegotiable?

Reference no: EM13107306

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