![]() ![]() Exhibit 7 was supported by an affidavit of the bank's loan officer and showed, by a computer printout, that the June 13, 1979, note had apparently been paid off in full on July 13, 1982. These exhibits showed, by the exhibits themselves and by the Greenes' answer to request for admissions, that the Greenes had duly executed the unlimited personal guaranty on April 18, 1978, and that the notes of the debtor were validly executed on June 13, 1979, and January 30, 1981. The motion had been earlier filed, and eight exhibits were received in evidence in support of it without any objection from Greenes. On this same date, after proper notice, hearing was held on plaintiff's motion for summary judgment against the Greenes. On October 11, 1983, the Greenes filed a general denial of all the allegations of the plaintiff's original petition. The case continued, under the petition as originally filed, against John M. No further action was taken against the debtor corporation or Robert R. ![]() Defendants' counsel then filed a suggestion in bankruptcy indicating that bankruptcy proceedings had been filed on behalf of the debtor corporation and defendants Robert R. The defendants acting jointly filed a general denial. Greene executed an unlimited guaranty agreement whereby each individual defendant guaranteed the payment of all debts of the debtor corporation whether then existent or later incurred. The petition further alleged that on April 18, 1978, defendants Robert R. The petition alleged that the debtor corporation had signed two promissory notes to the bank and that the debtor had duly executed a security agreement granting a security interest to the bank in "all machinery (including automotive equipment), furniture, fixtures, inventory, accounts rec., contract rights, chattel paper, all tangible and intangible personal property, whether now owned or after acquired and all proceeds therefrom." In addition, on June 13, 1979, the debtor corporation gave the bank a security interest in a truck-mounted crane in connection with note No. On September 25, 1981, the plaintiff-appellant, First National Bank in Ord (hereinafter bank or plaintiff), filed its petition against Greene Building and Supply, Inc., a Nebraska corporation (hereinafter referred to as the debtor) Robert R. KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ. ![]() Hallstrom of Brandt, Horan, Hallstrom & Sedlacek, Nebraska City, for amicus curiae Neb. ![]() William Kelly III of Kelly & Kelly, Grand Island, for appellees. Wheeler of Stowell & Wheeler, P.C., Ord, for appellant. GREENE BUILDING AND SUPPLY, INC., et al., Appellees. ![]()
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