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MATTER OF HIMBERGER

Bankruptcy No. BK80-491, Adv. No. A80-273.

9 B.R. 278 (1981)

In the Matter of Elaine HIMBERGER, Debtor. John F. AKIN, Trustee, Plaintiff, v. LINCOLN BANK SOUTH, Defendant.

United States Bankruptcy Court, D. Nebraska.

February 24, 1981.

Attorney(s) appearing for the Case

John F. Akin, Lincoln, Neb., for plaintiff.

Gary L. Dolan, Lincoln, Neb., for defendant.

MEMORANDUM OPINION

DAVID L. CRAWFORD, Bankruptcy Judge.

Petitioner in Bankruptcy Elaine Himberger and her husband borrowed ten thousand dollars from Lincoln Bank South and as security executed an "Assignment of Real Estate Equity and Promissory Note" on property located at 3832 South 31st Circle, Lincoln, Nebraska. The Assignment of Equity was properly recorded in the Registry of Deeds on July 26, 1979. Mrs. Himberger...

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