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TMG LIFE INS. CO. v. ASHNER

No. 71,829

21 Kan. App. 2d 234 (1995)

TMG LIFE INSURANCE COMPANY, Successor in Interest by Virtue of Merger of ASSOCIATION LIFE INSURANCE COMPANY, INC., and WESTERN STATES LIFE INSURANCE COMPANY, Appellant/Cross-Appellee, v. BARNEY ASHNER, REX A. BERTRAM, JAMES H. FERRICK, MIKE HALES, GEORGE H. KISTER, KAREN M. KISTER, MALCOLM W. MARTIN, and CHRISTIAN B. PEPER, JR., Appellees/Cross-Appellants.

Court of Appeals of Kansas.

Opinion filed June 23, 1995.

Attorney(s) appearing for the Case

Anne Lamborn Baker, of Wright, Henson, Somers. Sebelius, Clark, & Baker, of Topeka, for appellant/cross-appellee.

Benjamin F. Mann, Price A. Sloan, and Tessa K. Jacob, of Blackwell Sanders Matheny Weary & Lombardi, L.C., of Kansas City, Missouri, for appellee/cross-appellants.

Before LARSON, P.J., ROYSE, J., and NELSON E. TOBUREN, District Judge, assigned.

LARSON, J.:

This is an appeal from TMG Life Insurance Company's (TMG or lender) attempt to enforce the terms of a personal guaranty against the individuals who are the general partners of Royal Crest Associates (RCA), subsequent to RCA's bankruptcy and the transfer to TMG of the collateral securing TMG's loan to RCA.

Involved in this appeal are the provisions of notes, guaranties, mortgage and security agreements, and assignments of lease and rents, plus actions...

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