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IN RE AIRPORT-81 NURSING CARE, INC.

Bankruptcy No. 3-82-00690, Adv. No. 3-82-0909.

29 B.R. 501 (1983)

In re AIRPORT-81 NURSING CARE, INC., Debtor. DAVID LEONARD ASSOCIATES, P.C., Plaintiff, v. AIRPORT-81 NURSING CARE, INC.; First National Bank of Sullivan County and John H. McConnell, Trustee; Vulcan Materials; Loyce Franklin and wife, Patsy Franklin, and Cline Franklin, Substitute Trustee; Robert B. Carter, Trustee in Bankruptcy, Defendants. FIRST AMERICAN BANK—EASTERN, N.A. (formerly First National Bank of Sullivan County); Loyce Franklin; Robert B. Carter, Trustee in Bankruptcy, Counterclaimants, v. DAVID LEONARD ASSOCIATES, P.C., Counterdefendant. Robert B. CARTER, Trustee in Bankruptcy, Third-Party Plaintiff and Cross-Claimant, v. Thomas H. LOWE, Trustee; Lynn M. Lauderback, Trustee; Phil Carter d/b/a Carter & Associates, Third-Party Defendants, First National Bank of Sullivan County and John H. McConnell, Trustee; Vulcan Materials; Loyce Franklin and wife, Patsy Franklin, Cross-Defendants. FIRST AMERICAN BANK—EASTERN, N.A. (formerly First National Bank of Sullivan County), Cross-Claimant, v. AIRPORT-81 NURSING CARE, INC.; Vulcan Materials; Loyce Franklin and wife, Patsy Franklin; Robert B. Carter, Trustee in Bankruptcy, Cross-Defendants. Loyce FRANKLIN, Cross-Claimant, v. FIRST AMERICAN BANK—EASTERN, N.A.; Vulcan Materials; Robert B. Carter, Trustee in Bankruptcy, Cross-Defendants.

United States Bankruptcy Court, E.D. Tennessee.

March 28, 1983.

Attorney(s) appearing for the Case

Jackson C. Raulston, Kingsport, Tenn., for plaintiff.

Wilson, Worley, Gamble & Ward, P.C., O. Taylor Pickard, Jr., Kingsport, Tenn., for First American Bank—Eastern, N.A. (formerly First National Bank of Sullivan County) and John H. McConnell, Trustee.

Frank D. Gibson, Kingsport, Tenn., for Vulcan Materials, Inc.

Don F. Mason, Jr., Kingsport, Tenn., for Loyce Franklin and wife, Patsy Franklin.

Robert B. Carter, pro se.

Carl W. Eilers, Kingsport, Tenn., for third-party defendant Phil Carter d/b/a Carter & Associates.

Lynn M. Lauderback, pro se.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

At issue is the validity of the certificates of acknowledgment in two deeds of trust, securing the same obligation, executed by the debtor in favor of the former First National Bank of Sullivan County, now known as First American Bank—Eastern, N.A. (Bank).1 Plaintiff David Leonard Associates, P.C., an architectural firm, contends that it is entitled to a lien against the six...

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