Reversed and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge WIDENER and Judge BEATY joined. Judge BEATY wrote a separate concurring opinion.
OPINION
LUTTIG, Circuit Judge:
Appellee FDIC, receiver for Madison National Bank of Virginia ("Madison Bank"), brought this declaratory judgment action seeking to validate a Deed of Trust executed by John W. Koons, Jr. ("JWK") in favor of Madison Bank on a 22.5% fee simple interest...
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