Kern V. Gebhardt

The question in this case is whether the ten percent limitation on attorney fees in section 38-38-106, 16A C.R.S. (1982), applies to a proceeding to foreclose a deed of trust as to the entire indebtedness pursuant to a provision in the deed of trust. granting the holder of the indebtedness the right to declare the whole of the indebtedness due and payable on default of any part of the obligation. In Kern v. Gebhardt, 717 P.2d 998 (Colo. App. 1985), the court of appeals held that the ten percent limitation on attorney fees was applicable to such a proceeding. We now affirm the judgment.