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NATIONAL BANK OF ARIZONA v. THRUSTON

No. 1 CA-CV 06-0718.

180 P.3d 977 (2008)

NATIONAL BANK OF ARIZONA, a national banking association, Plaintiff/Appellee, v. Morgen T. THRUSTON and Howard Thruston, as husband and wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 1, Department E.

As Amended January 23, 2008.

Attorney(s) appearing for the Case

Folks & O'Connor, PLLC By Larry Folks, Phoenix, Jennings, Strouss & Salmon, PLC, By Michael J. Farrell, Phoenix, Attorneys for Plaintiff/Appellee.

Thomas Schern Richardson, PLLC By Richard R. Thomas, Mesa, Attorneys for Defendants/Appellants.

OPINION

NORRIS, Judge.

¶ 1 This appeal arises out of an action to judicially foreclose a deed of trust executed by Defendant/Appellant Morgen Thruston to secure a construction loan made to her by Plaintiff/Appellee National Bank of Arizona. On appeal, Morgen Thruston and her husband, Howard, argue the superior court should not have entered summary judgment against them because the Bank failed to present evidence negating their affirmative defenses....

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