as an exceptionally value or piece of property in midtown anchorage which is worth millions of dollars more than it was purchased for any good non judicial say though that is bought from four point one million dollars and they've admitted  court first of all you can only do the sale quote in the trust us comply with the notice requirements of the of the section second of all the notice requirement says the notice that's asked the state the nature of the breach and then masonry said to give me two weeks i'll start the title committee to come up with one point seven million what they basically said was that is that may be fine you're one point seven five million but we don't like these na monetary  he was concerned that if he paid his one point seven five million then they still reject the property out from under him of some kind of a count of monetary default and i'd like to please make this point if you allow that the blending of the two was just in this record and we use the nontraditional mechanism and link issues that have to be resolved the real bottom line here is here this case needs to be tried in the district or so we can show to the fact finder why they didn't believe the financing reinstatement agreement was entered into between g m a c and bongo and then bongo with the devolved again in december of two thousand and one like failing to make the approximately sixty five thousand dollars per month payment the loan was exhilarated in may twentieth i believe two thousand and still and on may twenty first two thousand and two bungle filed a chapter eleven bankruptcy protection in the bankruptcy court here in alaska from december of two thousand and one forward in other words no payments and then they during that time over to the property remained vacant it was closed and needed rehabilitation work and the harsh alaskan winter was coming and somebody had to do something to make sure that the property was protected ultimately the bankruptcy court on september seventeenth two thousand and eight in order granting relief from the automatic stay now in the determine whether there was any equity in the property sold as a reorganization would be possible ultimately the bankruptcy court came to the conclusion that there was a very very little equity question and therefore the appointment of recently and that was pending our going to non judicial foreclosure since mongo at that point still in chapter eleven bankruptcy which ultimately got converted to a chapter seven  after the sale and there was one in the state court action and there was one filed in this action there was no action taken by pongo in any way to prevent the sale from going forward and then when we look at a lot of  still what we have and i believe the videotape was offered as evidence and promised a review that there wasn't an offer to cure but there was an offer if you postpone the sales of this afternoon i'll show up at the chapter ten thousand dollars and then you have to continue the salesperson a number of other days and then i'll show up with four million ninety thousand dollars which he calls the amount that you're going to credit so in essence vonzell was offering to purchase to know which it own over five million dollars a four point one million dollars so that's the factual situation we find ourselves in the issue is whether or not that creates the unusual circumstances that are necessary under  trial court decision that has no presidential value but even if it did what that decision says is that the trustees must exercise their discretion in some fashion the trial court said the tru everybody agrees the default occurred in december of two thousand and one and the sixty five thousand dollars was zero per month as of that day when the parties also disagree in their br he said he thought the property was worth at the time for closure around one point one million dollars but even if we assume for the sake of argument that the value of the property was four point seven over five million dollars  thank you may please the court i'm talkin permits i represent land title in this action just on that last question for your honor there with a non judicial foreclosure there is no right to redeem the property for judicial foreclosures  had never questioned the trustee to postpone the sale so you know under those circumstances we think the trust me exercise their discretion that if they just don't like the way that discretion was exercises thank you title insurance and begin preparation for the necessary documents to complete the longer vonzell to the general back and said no we will continue with them by the way they said you can have a second to get on the property now on the