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SECURITY STATE BANK v. ORVIK

No. 20010064.

636 N.W.2d 664 (2001)

2001 ND 197

SECURITY STATE BANK OF NORTH DAKOTA, Plaintiff and Appellant, v. Bonnie ORVIK, Defendant and Appellee.

Supreme Court of North Dakota.

December 10, 2001.

Attorney(s) appearing for the Case

Troy J. Eickhoff (argued) and Richard P. Olson, Olson Burns Lee, Minot, for plaintiff and appellant.

Charles D. Orvik, (argued) and Galen J. Mack, Mack Law Offices, PC, Rugby, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Security State Bank ("the Bank") appealed a judgment granting Bonnie Orvik priority over the Bank in 1997 crop proceeds from land she leased to David and Sharon Cherney. We hold N.D.C.C. § 47-16-03 does not apply to Orvik's cash rent lease to give her priority in the 1997 crop proceeds. We reverse and remand for proceedings consistent with this opinion.

I

[¶ 2] In April 1994, Orvik leased farmland...

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