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CHARTER WEST NAT. BANK v. WELLS FARGO BANK

No. A-10-727.

802 N.W.2d 146 (2011)

19 Neb. App. 150

CHARTER WEST NATIONAL BANK, a national banking association, appellant, v. WELLS FARGO BANK, N.A., appellee.

Court of Appeals of Nebraska.

August 23, 2011.

Attorney(s) appearing for the Case

Jeffrey A. Silver , Omaha, for appellant.

Donald J. Pavelka, Jr. , and Michelle D. Epstein , of Locher, Pavelka, Dostal, Braddy & Hammes, L.L.C., Omaha, for appellee.

IRWIN and CASSEL, Judges, and HANNON, Judge, Retired.

IRWIN, Judge.

I. INTRODUCTION

Charter West National Bank (Charter West) appeals an order of the district court for Douglas County, Nebraska, granting summary judgment in favor of Wells Fargo Bank, N.A. (Wells Fargo), in this action for declaratory judgment concerning the validity and priority of a deed of trust executed to the benefit of Wells Fargo. Charter West asserts that the deed of trust's designated trustee's lack of consent to being named as a trustee...

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