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NORTHWESTERN FEDERAL SAV. & LOAN v. BIBY

Civ. No. 11411.

418 N.W.2d 786 (1988)

NORTHWESTERN FEDERAL SAVINGS AND LOAN ASSOCIATION OF FARGO, Plaintiff and Appellee, v. Gerald BIBY, a/k/a Gerald D. Biby, Lovella M. Biby, a/k/a Lovella Biby, Defendants and Appellants, and United Accounts, Inc., Office Machines & Furniture, Inc., Kenneth O. Leonard, Dakota Northwestern Bank Assoc., Ralph L. Kilzer, R.L. Kilzer, P.C., Pension and Profit Sharing Plan, First National Bank & Trust Co., Donald Gartner, and Kathy Gartner, Defendants.

Supreme Court of North Dakota.

February 2, 1988.

Attorney(s) appearing for the Case

Sheldon A. Smith, of Smith & Whitman, Bismarck, for plaintiff and appellee.

Gerald Biby, pro se.

VANDE WALLE, Justice.

Gerald and Lovella Biby appealed, pro se, from a summary judgment of the district court foreclosing two mortgages held by the plaintiff Northwestern Federal Savings and Loan Association of Fargo (Northwestern). We affirm.

The two mortgages, covering a residence constructed by the Bibys in Burleigh County, were given to secure two loans from Northwestern. The first loan for $75,000 was obtained during October 1977, and the second loan...

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