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FARM CREDIT BANK OF OMAHA v. MABERRY

Nos. 17840, 17905.

498 N.W.2d 210 (1993)

The FARM CREDIT BANK OF OMAHA, a federally chartered corporation, Plaintiff and Appellee, v. Gladys MABERRY and Connie Van Bockern, Executrixes of the Estate of Daniel B. Garber, a/k/a Dan B. Garber, D.B. Garber and Daniel Garber, Esperanza Garber, Bennie Garber and the Small Business Administration, an agency of the government of the United States of America, Defendants, and Gary Garber and Gayle Garber, Defendants and Appellants.

Supreme Court of South Dakota.

Decided March 31, 1993.

Attorney(s) appearing for the Case

Brent Wilbur of May, Adam, Gerdes & Thompson, Pierre, for plaintiff and appellee.

James E. Carlon, Pierre, for defendants and appellants.

SABERS, Justice.

Farm Credit Bank of Omaha (FCBO) foreclosed against members on a real estate mortgage. Two members appeal. We affirm.

FACTS

On May 28, 1981, Daniel B. Garber, Bennie Garber, and Gary Garber executed and delivered to FCBO a promissory note in the amount of $576,000.00. As security for the loan, Daniel Garber, Esperanza Garber, Bennie Garber, Gary Garber, and Gayle Garber (Garbers) executed a mortgage. According to the terms of the...

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