Key Bank v. Zahn

Order unanimously affirmed without costs. Memorandum: Plaintiff commenced separate actions to enforce its interests in two types of collateral securing a June 1987 note obligating defendants to repay a $555,000 loan from plaintiff. In one action, plaintiff seeks to foreclose mortgages on two farms owned

*923by Herman L. Zahn, Jr., and Donald W. Zahn (defendants). In the other action, which sounds in replevin, plaintiff seeks immediate possession of “all of defendants’ Equipment” pursuant to a security agreement executed by defendants. Both the security interest and Mortgage I, given by defendants…