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NEBRASKA STATE BANK v. PEDERSEN

No. 88-183.

452 N.W.2d 12 (1990)

234 Neb. 499

NEBRASKA STATE BANK, a Corporation, Appellee, v. Walter E. PEDERSEN et al., Appellants, Dale Knudsen et al., Appellees.

Supreme Court of Nebraska.

February 23, 1990.

Attorney(s) appearing for the Case

Kurt A. Hohenstein, of Rager & Hohenstein, P.C., South Sioux City, for appellants Pedersen et al.

Norris G. Leamer, of Leamer Law Office, South Sioux City, for appellant Melvin Pedersen.

William Horneber, of Horneber Law Offices, South Sioux City, for appellee Bank.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

HASTINGS, Chief Justice.

The defendants Pedersen appeal the judgment of the district court which foreclosed the mortgage of the plaintiff, Nebraska State Bank (Bank) of South Sioux City, Nebraska. Defendants Pedersen assign as error that the district court erred in holding that the 1983 mortgage of the Bank was paramount to the recorded mortgages of defendants Pedersen, in construing the 1983 mortgage and note to be an obligation of LeRoy and Dee Ann Pedersen, in...

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