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IN RE MBA POULTRY, L.L.C.

No. BK00-40122.

251 B.R. 78 (2000)

In the Matter of MBA POULTRY, L.L.C., Debtor.

United States Bankruptcy Court, D. Nebraska.

July 13, 2000.

Attorney(s) appearing for the Case

Emmett D. Childers, Omaha, NE, for the Money Store Commercial Mortgage, Inc.

Kevin C. Siebert, Lincoln, NE, for Bird Watchers, L.L.C.

Richard P. Garden, Jr., Lincoln, NE, for American National Bank.

William L. Biggs, Omaha, NE, for Debtor MBA Poultry, L.L.C.

Steven C. Turner, Omaha, NE, for Dapec, Inc.

Stephen M. Cramer, Omaha, NE, for U.S. Small Business Administration.

David J. Koukol, Omaha, NE, for City of Tecumseh.

Joseph H. Badami, Lincoln, NE, for Johnson County.

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

This case is before the Court to determine the priority, under Nebraska law, between a construction lien and future advances made under previously recorded deeds of trust. I conclude that the future advances have priority.

FACTS

The facts are not disputed:

1. On June 17, 1998, The Money Store Commercial Mortgage, Inc. (hereinafter "The Money Store") recorded two deeds...

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