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RED RIVER STATE BANK v. REIERSON

Civ. No. 930359.

533 N.W.2d 683 (1995)

RED RIVER STATE BANK, Plaintiff, Appellant and Cross-Appellee v. Don A. REIERSON, Husband, and Adele M. Reierson, Also Known as Adele Reierson, His Wife, Defendants, Appellees and Cross-Appellants.

Supreme Court of North Dakota.

June 27, 1995.

Attorney(s) appearing for the Case

Roger J. Minch, of Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for plaintiff, appellant and cross-appellee.

Lowell P. Bottrell, of Anderson & Bailly, Fargo, for defendants, appellees and cross-appellants.

SANDSTROM, Justice.

Red River State Bank appeals from a judgment invalidating its mortgage against homestead property of Don A. and Adele M. Reierson, and from an amended judgment granting the bank a conditional equitable lien on that property. The Reiersons cross-appeal from the amended judgment. We conclude the trial court correctly ruled the mortgage was unenforceable against the Reiersons' homestead property because the homestead exemption waiver clause in the...

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