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KEYBANK NAT. ASS'N v. NBD BANK

No. 55A01-9802-CV-53.

699 N.E.2d 322 (1998)

KEYBANK NATIONAL ASSOCIATION, Appellant-Plaintiff, v. NBD BANK, f/k/a The Indiana National Bank, Associated Property Services, Inc., and Frazier Farms, Ltd., Appellees-Defendants.

Court of Appeals of Indiana.

September 18, 1998.

Attorney(s) appearing for the Case

Craig D. Doyle, Charleyne L. Gabriel, Leeuw & Doyle, Indianapolis, for Appellant-Plaintiff.

Stephen A. Oliver, Boren & Oliver, Martinsville, for Appellees-Defendants.

OPINION

BAILEY, Judge.

Case Summary

Appellant-Plaintiff Keybank National Association ("Keybank") appeals the judgment, after a trial before the bench, that a mortgage held by Appellee-Defendant NBD Bank ("NBD") had priority over a mortgage held by Keybank. We reverse.

Issues

Keybank raises four issues which we restate and consolidate into two as follows:

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