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STATE OF MINNESOTA IN COURT OF APPEALS A10-1846 James E. Roemhildt, et al., Respondents, vs. Kristall Development, Inc., et al., Defendants, 21st Century Bank, Appellant. Filed May 3, 2011 Reversed and remanded Stoneburner, Judge LeSueur County District Court File No. 40CV09147 John Chuck Peterson, Jorun Groe Meierding, Maschka, Riedy & Ries, Mankato, Minnesota; and David R. Cummiskey, Cummiskey Law Office, Waterville, Minnesota (for respondents) Brian M. Sund, Eric G. Nasstrom, Kathleen M. Ghreichi, Morrison, Fenske & Sund, P.A., Minnetonka, Minnesota (for appellant) Considered and decided by Bjorkman, Presiding Judge; Stoneburner, Judge; and Crippen, Judge.* SYLLABUS When a promissory note containing a partial-release provision is executed simultaneously with the mortgage securing the note and both documents are part of a development plan that contemplates the separate sale of individual lots, the mortgage and
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Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI,

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