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FIRST SEC. BANK OF UTAH v. PROUDFIT SPORT. GOODS CO.

No. 14301.

552 P.2d 123 (1976)

FIRST SECURITY BANK OF UTAH et al., Plaintiffs and Respondents, v. PROUDFIT SPORTING GOODS CO., a corporation, et al., Defendants and Appellant.

Supreme Court of Utah.

July 9, 1976.

Attorney(s) appearing for the Case

George B. Handy and Parley R. Baldwin, Ogden, for defendants-appellants.

Paul Thatcher, Ogden, Don Allen of Ray, Quinney & Nebeker, Salt Lake City, for plaintiffs-respondents.

HENRIOD, Chief Justice:

Appeal from a foreclosure judgment declared to have priority over a mortgage asserted by Remington against Proudfit, First Security's mortgagee in point of time. Affirmed, with no costs awarded.

In 1967, Proudfit borrowed $45,000 from First Security, executing a mortgage securing a note for that amount. In November, 1970, the note had not been paid in full. At the request of Proudfit a trust deed was executed for the unpaid balance...

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