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MUTUAL OF OMAHA BANK v. MURANTE

No. S-11-1101.

829 N.W.2d 676 (2013)

285 Neb. 747

MUTUAL OF OMAHA BANK, as Successor by Merger to Nebraska State Bank of Omaha, appellee, v. Sam MURANTE, an Individual, appellant.

Supreme Court of Nebraska.

April 25, 2013.

Attorney(s) appearing for the Case

Steven J. Olson , of Brown & Brown, P.C., L.L.O., Omaha, and Michael J. O'Bradovich , Omaha, for appellant.

Patrick B. Griffin and Alison M. Gutierrez , of Kutak Rock, L.L.P., Omaha, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, and McCORMACK, JJ., and INBODY, Chief Judge.

WRIGHT, J.

NATURE OF CASE

This case presents the question of whether a guaranty of a promissory note secured by a deed of trust is subject to the Nebraska Trust Deeds Act (Act), see Neb. Rev.Stat. § 76-1001 to § 76-1018 (Reissue 2009 & Cum.Supp.2012). The lender made loans to the borrower which were secured by deeds of trust describing real estate owned by the borrower. As additional security for the loans to the borrower, the guarantor promised...

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