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BANK OF COMMERCE v. RIVERSIDE TRAILS

No. 76-189.

52 Ill. App.3d 616 (1977)

367 N.E.2d 993

THE BANK OF COMMERCE, Plaintiff-Appellant, v. RIVERSIDE TRAILS et al., Defendants-Appellees.

Appellate Court of Illinois — Second District.

Rehearing denied October 19, 1977.

Attorney(s) appearing for the Case

Charles E. Cronauer, Harold A. Rissman, and Robert C. Jenkins, all of Rissman & Jenkins, of De Kalb, for appellant.

Ross & Stevens, S.C., of Madison, Wisconsin, and Edward Diedrich, of De Kalb, for appellees.

Reversed and remanded.

Mr. PRESIDING JUSTICE RECHENMACHER delivered the opinion of the court:

The Bank of Commerce of Milwaukee (hereinafter referred to as the plaintiff Bank) appeals from a decree of foreclosure which foreclosed a mortgage executed by a land trustee — The De Kalb Bank — but relieved the beneficiaries of the land trust of any personal liability on the note secured by said mortgage. While the DeKalb Bank is a nominal defendant...

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