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FIRST NAT'L BANK & TRUST CO. v. LYGRISSE

No. 52,962

7 Kan. App. 2d 291 (1982)

640 P.2d 1274

FIRST NATIONAL BANK & TRUST COMPANY, Appellee, v. LOWELL L. LYGRISSE and JUDITH LYGRISSE, et al., Appellants. Reversed , (1982).

Court of Appeals of Kansas.

Opinion filed February 11, 1982.

Attorney(s) appearing for the Case

Carl L. Wettig, of Wichita, for appellant Judith Lygrisse.

Michael G. Coash, of Bond, Bond & Coash, of El Dorado, for appellee.

Before ABBOTT, P.J., PARKS and MEYER, JJ.

MEYER, J.:

This is a mortgage foreclosure case.

On January 30, 1976, Lowell and Judith Lygrisse executed in favor of First National Bank & Trust Company (appellee) a $47,000 promissory note and real estate mortgage describing their homestead in Butler County, Kansas. The mortgage contained a future advance clause stating:

"It is the intention and agreement of the parties that this mortgage also secures any future advancements made to mortgagors...

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