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FIRST-CITIZENS BANK v. CORNERSTONE HOMES

No. 43619-1-II.

314 P.3d 420 (2013)

FIRST-CITIZENS BANK & TRUST COMPANY, Respondents, v. CORNERSTONE HOMES & DEVELOPMENT, LLC, a Washington Corporation; and its Guarantor Daniel L. Allison and Jeanne Allison, individually and the marital community composed thereof, Appellants.

Court of Appeals of Washington, Division 2.

December 3, 2013.

Attorney(s) appearing for the Case

Margaret Yvonne Archer , Attorney at Law, Tacoma, WA, for Appellants.

Douglas N. Kiger , Blado Kiger Bolan, PS, Tacoma, WA, for Respondents.

Peter J. Mucklestone , Davis Wright Tremaine LLP, Gregory R. Fox , Ryan P. McBride , Lane Powell PC, Averil Budge Rothrock , Matthew Turetsky , Schwabe Williamson & Wyatt PC, Seattle, WA, Amicus Curiae on behalf of Wa Federal and Union Bank Na WA Bankers Assoc.

HUNT, J.

¶ 1 Daniel L. and Jeanne Allison, guarantors of three commercial promissory notes issued by Cornerstone Homes & Development, LLC, appeal the superior court's judgment on the pleadings, ordering them to pay a deficiency following a nonjudicial trustee's sale of Cornerstone's properties that secured the notes with construction deeds of trust. The Allisons argue that (1) these construction deeds of trust also secured their commercial guaranty obligations...

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