Fill and Sign the Motion Summary Judgment 497312653 Form

NO. __________ Plaintiff        IN THE DISTRICT COURT OF VS.  Defendants       and       and              COUNTY, MINNESOTA Individually and as Trustee of __________         JUDICIAL DISTRICT PLAINTIFF'S SECOND MOTION FOR SUMMARY JUDGMENT I. Plaintiff moves for summary judgment as per Rule 56 of the Minnesota Rules of Civil Procedure. II. This is a suit on two notes and a modification agreement. Defendants are in default. Plaintiff should recover the balance due with interest and attorneys' fees and costs of court, all as a matter of law. Defendants are: ______ ______ ______ ______ . A. __________ , individually, and as Trustee for __________ and __________ , (hereafter called “ __________ ” ). B. __________ , (hereafter called “ __________ ” ). C. __________ , (hereafter called “ __________ ”). III. Summary Judgment proof is as follows: EXHIBIT A. Copies of the Live Pleadings proven by being certified copies of: - 1 - 1. Plaintiff's First Amended Original Petition 2. Second Amended original Answer of __________ 3. First Amended Counterclaim of __________ 4. First Amended Original Answer of __________ B. Amount owed - Accounting demonstrating debt supported by affidavit C. Notice of Default supported by affidavit D. Notes and Modification. Copies proven by affidavit E. Attorneys' fees proven by affidavit F. Loan closing papers proven by affidavit All the summary judgment proof is incorporated herein by reference. IV. Whether ______ signed the note in 20 __ is of no moment. [(S)he] does not deny signing the Modification of Note and Lien (Exhibit "C" to Plaintiff's First Amended Original Petition) which is contained in Exhibit "A" hereto - Part 1. ______ does not deny execution of any documents. Plaintiff has proven it is the owner and holder of the instruments, the amount due, default and notice of default, its attorneys' fees (and, even though it is surplus usage as ______ does not deny execution of the modification, in Exhibit "F" hereto is proven the telegram which grants to ______ the authority for ______ to sign the ______ notes for ______ ). From Paragraph       of his/her First Amended Original Counterclaim: "These Counterclaimants would show that there existed a valid agreement between the parties, prior to the signing of the notes sued upon ..." This portion of his Counterclaim judicially admits execution by ______ . - 2 - Pursuant to the Statute of Frauds and the Parol Evidence Rule ______ may not vary the terms of the negotiable instruments sued upon by alleged contemporaneous or prior statements or promises or covenants or conditions in parol. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays for a hearing on this its Motion for Summary Judgment and that the Court enter an appropriate Order and for general relief. Respectfully submitted, {Name of Attorney} By:_______________________ {Name of Attorney} - 3 -