Killion v. Bank Midwest, N.A.

FENNER, Presiding Judge.

Appellant, Bank Midwest, formerly known as Community Bank, (Bank) appeals the judgment of the trial court granting summary judgment in favor of respondents, Noah E. Killion, et al. (Killions).

This action arises from a promissory note, dated June 8, 1988, pursuant to which the Killions borrowed $345,000 from the Bank. The Killions were engaged in a fanning operation and the note was secured by a deed of trust on the Killions’ 643 acre farm. A dispute arose between the parties in regard to certain terms of the note and deed of trust. On March 2, 1993, the Killions filed…