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Click here for the full text of this decision FACTS:On Dec. 7, 2000, NCPI purchased 4.454 acres of land and an office building located on Central Expressway in Dallas. In purchasing the property, NCPI obtained a loan from Archon Financial LP. The loan documents included a non-recourse deed of trust note and a deed of trust. The deed of trust provided that the entire property would be collateral to secure the non-recourse note. Subsequently, Wells Fargo became the successor lender to NCPI when it purchased the non-recourse note and the other documents from Archon. Prior to NCPI�s purchase of the property, the state of Texas commenced condemnation proceedings to take 0.1956 acres of property out of the total 4.454 acres. After NCPI purchased the property, the state amended its petition naming NCPI as the defendant. The commissioners signed an award in the amount of $1 which the state deposited into the court�s registry on Oct. 1, 2001. NCPI filed a conditional plea to the jurisdiction and objection to the award on June 11, 2002. Subsequently, NCPI defaulted on the non-recourse note by failing to make its mortgage payments. Wells Fargo gave NCPI notice of the default and foreclosed on the property under the deed of trust on Dec. 3, 2002. The foreclosure sale price was $5 million. Wells Fargo was left with a $9,213,615 deficiency. Wells Fargo intervened in the condemnation case to protect its purported right to the proceeds. NCPI and Wells Fargo filed motions for partial summary judgment on the issue of which party was entitled to the condemnation proceeds. The trial court granted NCPI�s motion and denied Wells Fargo�s motion. The issue of the amount of damages resulting from the condemnation was tried to a jury. The jury awarded damages in the amount of $875,000. Based in part on its previous summary judgment finding that NCPI was entitled to the co

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