In Re Black Angus Holdings, LLC

MEMORANDUM OPINION AND ORDER ON MORTGAGE LIEN PRIORITY DISPUTE BETWEEN CEF FUNDING, L.L.C. AND PEOPLE’S BANK

DALE L. SOMERS, Bankruptcy Judge.

The question before the Court is the priority of the mortgage liens on Debtor’s fee interest in real property located at 7335 W. 119th Street, Overland Park, KS (hereafter the “Overland Park Property”), which was one of the locations from which Debtor operated a Back Yard Burger restaurant. CEF Funding, L.L.C. (hereafter “CEF”) claims a first priority lien by virtue of after acquired property provisions in a ground lease mortgage of the same property.…