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FIRST INTERSTATE BANK v. HERITAGE SQUARE, LTD.

No. 19955.

833 P.2d 240 (1992)

113 N.M. 763

FIRST INTERSTATE BANK OF LEA COUNTY, Plaintiff-Appellee, v. HERITAGE SQUARE, LTD., a New Mexico limited partnership, Lonnie A. Pierce and Eula Pierce, husband and wife, and Virgil Ford and Marie Ford, husband and wife, Defendants-Appellants, and Aloysuis K. Marczyk, et al., Defendants.

Supreme Court of New Mexico.

Rehearing Denied June 26, 1992.

Attorney(s) appearing for the Case

Maddox & Saunders, Don Maddox, Gary L. Clingman, Hobbs, for defendants-appellants.

Neal & Neal, P.C., J.W. Neal, Gary Don Reagan, P.A., Gary Don Reagan, Mark Terrence Sanchez, Hobbs, for plaintiff-appellee.

OPINION

FROST, Justice.

After trial to the bench1 judgment was entered in favor of plaintiff, First Interstate Bank of Lea County, on its complaint for foreclosure and money due against defendants Marczyk and Lombard on property leased to Heritage Square, Ltd., holder of a second mortgage on the subject property. Heritage appeals the judgment contending that a modification of the lease...

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