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AMERICAN NATIONAL BANK v. CLARK

No. A-01-1009.

660 N.W.2d 530 (2003)

11 Neb. App. 722

AMERICAN NATIONAL BANK, a National Banking Association, Appellant, v. Gregory R. CLARK and Cheryl Ann Clark, husband and wife, et al., Appellees.

Court of Appeals of Nebraska.

April 22, 2003.

Attorney(s) appearing for the Case

Emmett D. Childers, of Hillman, Forman, Nelsen, Childers & McCormack, for appellant.

Douglas E. Quinn and Michael T. Eversden, of McGrath, North, Mullin & Kratz, P.C., Omaha, for appellees.

HANNON and MOORE, Judges, and BUCKLEY, District Judge, Retired.

BUCKLEY, District Judge, Retired.

INTRODUCTION

American National Bank (ANB) appeals from an order of the district court for Douglas County denying ANB a summary judgment request to foreclose as a mortgage the deed of trust in its favor, encumbering the residential real property owned by Gregory R. Clark and Cheryl Ann Clark, husband and wife. The court found that the Clarks and their mortgagee, First Union Mortgage Corporation (First Union), should be equitably...

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