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There is no North Carolina case law that holds that there is an implied right to cure in the absence of an express contractual provision. The North Carolina courts have be steadfast in the principle that an unambiguous contract must be enforced as written. “If the language is clear and only one reasonable interpretation exists, ‘the courts must enforce the contract as written; they may not, under the guise of construing an ambiguous term, rewrite the contract or impose liabilities on the parties not bargained for and found therein.’ ” See: Hodgin v. Brighton, 196 N.C. App. 126, 129, 674 S.E.2d 444, 446 (N.C. Ct. App. 2009) (citation omitted). This well established principle of law is used to suggest that there will not be implied into a contract a right to cure when none is expressed but this argument is not conclusive.
The only NC law covers notice and cure provisions actually written in the contract and the courts hold “Under North Carolina law, breach of contract
occurs when a party terminates or repudiates a contract without providing the notice and cure period required by the contract. See: Dishner Developers, Inc. v. Brown, 145 N.C.App. 375, 549 S.E.2d 904, aff’d, 354 N.C. 569, 557 S.E.2d 528 (N.C.Ct.App.2001).” In re Eagle Creek Subdivision, LLC, 08-04292-8-JRL, 2010 WL(###) ###-####(Bankr. E.D.N.C. May 7, 2010).
So based on the current law, if there is no right to cure in the contract, no right to cure is necessary.
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