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  5. 760 S.W.2d 396 (1988)
 

FARMERS DEPOSIT BANK v. RIPATO

Nos. 86-SC-946-TG, 87-SC-954-TG.

760 S.W.2d 396 (1988)

FARMERS DEPOSIT BANK, Appellant, v. Elmer and Betty RIPATO, d/b/a Rip's Ag Center No. 1, Rip's Ag Center No. 2, Harry C. Campbell, Trustee, and Attorney General of the Commonwealth of Kentucky, Appellees. Elmer RIPATO, Betty Ripato, and Harry C. Campbell, Trustee for the Estate of Elmer B. Ripato and Betty L. Ripato, d/b/a Rip's Ag Center No. 1 and Rip's Ag Center No. 2, Cross-Appellants, v. FARMERS DEPOSIT BANK and Attorney General of the Commonwealth of Kentucky, Cross-Appellees,

Supreme Court of Kentucky.

As Modified on Denial of Rehearing December 15, 1988.

Attorney(s) appearing for the Case

Stephen L. Barker, Tracey N. Bosomworth, Sturgill, Turner & Truitt, Lexington, David O. Welch, Welch, McDermott & Purdom, Ashland, for appellant and cross-appellee Farmers Deposit Bank.

Howell W. Vincent, Vincent & Willenborg, Howell W. Vincent, Vincent, Alig & Sheehan, Covington, for appellees and cross-appellants Elmer and Betty Ripato, etc.

John S. Sowards, Lexington, for appellee and cross-appellant Harry C. Campbell, Trustee, etc.

Frederic Cowan, Atty. Gen., Frankfort, James Ringo, Asst. Atty. Gen., for Com. of Ky.

STEPHENS, Chief Justice.

On April 28, 1981, Elmer and Betty Ripato executed two notes, one for $195,000 and another for $13,500, payable to Farmers Deposit Bank (Farmers). These notes were to cover the refinancing of the Ripatos' farm supply business, "Rip's Ag Center." Farmers had agreed to advance a total of $55,000 for business expenses, the $13,500 note representing only the first drawdown. The notes were secured by...

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