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ANDERSON v. BANK OF THE WEST

No. 20-3086.

23 F.4th 1056 (2022)

David R. ANDERSON, Plaintiff-Appellant v. BANK OF THE WEST; U.S. Bank, National Association, et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 25, 2022.

Attorney(s) appearing for the Case

Terry K. Barber , Barber & Barber, Lincoln, NE, for Plaintiff-Appellant.

Jamie Marie Hurst , Matthew J. Kivett , Walentine & O'Toole, Omaha, NE, for Defendant-Appellee Bank of the West.

Theresa Diane Koller , Cline & Williams, Omaha, NE, Douglas R. Sargent , Green-spoon & Marder, Chicago, IL, Ryan A. Sawyer , Locke & Lord, Chicago, IL, for Defendant-Appellee U.S. Bank, National Association, successor U.S. Bank National Association ND.

Before SMITH, Chief Judge, WOLLMAN and LOKEN, Circuit Judges.

In 2005, David Anderson obtained a home loan from a predecessor of U.S. Bank, N.A. The loan was secured by a promissory note and trust deed that authorized the lender, as trustee, to sell Anderson's Lincoln, Nebraska residential property by foreclosure sale in the event of a qualifying breach of the loan. See

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