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NORWEST BANK NEBRASKA, NAT. ASS'N v. KIZZIER

No. 87-252.

446 N.W.2d 204 (1989)

233 Neb. 378

NORWEST BANK NEBRASKA, NATIONAL ASSOCIATION, A National Banking Association, Appellee, v. Richard G. KIZZIER and Yvonne A. Kizzier, Husband and Wife, et al., Appellees, Kizzier Realty & Investment Co., Inc., a Nebraska Corporation, Appellant.

Supreme Court of Nebraska.

September 22, 1989.

Attorney(s) appearing for the Case

Robert G. Simmons, Jr., of Simmons, Raymond, Olsen, Ediger, Selzer & Ballew, P.C., Scottsbluff, for appellant.

Patrick J. Nelson, of Jacobsen, Orr, Nelson & Wright, P.C., Kearney, for appellee Norwest.

HASTINGS, C.J., CAPORALE, and GRANT, JJ., and BURKHARD and HANNON, District Judges.

BURKHARD, District Judge.

On January 6, 1986, Norwest Bank Nebraska, National Association (Norwest), plaintiff-appellee, brought an action to foreclose two trust deeds signed by defendantsappellees Richard G. and Yvonne A. Kizzier. The trust deeds secured promissory notes signed by Richard and Yvonne and defendant-appellee Roy Kizzier. Appellant, Kizzier Realty & Investment Co., Inc. (Kizzier Realty), joined as a defendant, held a mortgage covering the same property...

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