A-25-0290 American Exchange Bank, a Nebraska Banking Corporation (Appellee) v. Luke G. Topp and Ria N. Topp (Appellants)
Appeal from the District Court for Johnson County, Judge Rick A. Schreiner
Attorneys: Justin D. Eichmann and Sarah E. Cavanagh (Houghton Bradford Whitted, PC, LLO for Appellants) and Trev E. Peterson and Robert J. Drust III (Knudsen, Berkheimer, Richardson & Endacott, LLP for Appellee)
Civil: Guaranties and trustee sale
Proceedings below: The district court granted Appellee’s motion for summary judgment against Appellants as guarantors of four promissory notes, which were secured by deeds of trust to real properties that Appellants owned. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellants assign the following errors: 1) The district court erred in failing to determine that Appellants were entitled to the benefits of the limitation on the amount of a deficiency under Neb. Rev. Stat. § 76-1013; 2) The district court erred in failing to determine that the waiver of defenses contained in the guaranties of the SBA Notes do not apply to sales of real property; 3) The district court erred in failing to determine that Appellants failed to raise an issue of fact with regard to the valuation of the real property sold at the trustee’s sale; 4) The district court erred in granting Appellee’s motion for summary judgment; and 5) The district court erred in denying Appellants’ motion to reconsider or motion for new trial.