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FIRST CITIZENS BANK & TRUST v. CANNON

No. COA99-755.

530 S.E.2d 581 (2000)

FIRST CITIZENS BANK & TRUST COMPANY, Plaintiff, v. William D. CANNON and Barbara V. Shaut f/k/a Barbara V. Cannon, Defendants.

Court of Appeals of North Carolina.

May 16, 2000.

Attorney(s) appearing for the Case

Ward and Smith, P.A., by J. Michael Fields, Greenville, for plaintiff appellant.

W. Gregory Duke, Greenville, for defendant appellant Barbara V. Shaut.

Mattox, Davis & Barnhill, P.A., by Ann H. Barnhill, Greenville, for defendant appellee William D. Cannon.

HORTON, Judge.

On 5 May 1987, defendant William D. Cannon and his then wife, Barbara V. Cannon, now Barbara V. Shaut (Shaut), purchased certain real property in Pitt County for the sum of $185,000.00. They used the property as their residence and made certain improvements to the property. In May 1994, defendants refinanced the property through First Citizens Bank & Trust Company (plaintiff), securing a loan of $175,000.00 by a deed of trust on their property....

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