OPINION
GUNDERSON, Chief Justice:
This appeal and cross-appeal arise from an action seeking a declaratory judgment and foreclosure of an agreement alleged to be a mortgage. In this matter the district court 1) declared an agreement between appellant Nee and respondent L.C. Smith, Inc. to be a valid mortgage, 2) determined the note secured by the mortgage to be usurious, and, 3) permitted appellant Nee to foreclose against three properties secured by the...
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