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CITIZENS BANK & TRUST v. BROTHERS CONSTR. & MFG.

No. 68,924

18 Kan. App. 2d 704 (1993)

859 P.2d 394

CITIZENS BANK & TRUST, Appellant, v. BROTHERS CONSTRUCTION & MANUFACTURING, INC., Appellee.

Court of Appeals of Kansas.

Opinion filed August 27, 1993.

Attorney(s) appearing for the Case

Michael D. Doering, of McDowell, Rice & Smith, of Overland Park, for the appellant.

Edward E. Embree II, of Perry & Hamill, of Overland Park, for the appellee.

Charles N. Henson, of Wright, Henson, Somers, Sebelius, Clark & Baker, of Topeka, for amicus curiae Kansas Bankers Association.

Before LEWIS, P.J., ROYSE, J., and C. FRED LORENTZ, District Judge, assigned.

LEWIS, J.:

Citizens Bank & Trust (Bank) appeals from the trial court's decision in favor of Brothers Construction & Manufacturing, Inc. (Brothers). We affirm the decision of the trial court.

The Bank was the owner and holder of the first and second mortgages on the real estate involved in this action. These mortgages were executed and delivered to the Bank in the years of 1986 and 1989 and were placed of record in a timely manner.

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