First National Bank of Izard County v. Garner

167 S.W.3d 664, 86 Ark. App. 213, 53 U.C.C. Rep. Serv. 2d (West) 660, 2004 Ark. App. LEXIS 361
CourtCourt of Appeals of Arkansas
DecidedMay 12, 2004
DocketCA 03-1156
StatusPublished
Cited by12 cases

This text of 167 S.W.3d 664 (First National Bank of Izard County v. Garner) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First National Bank of Izard County v. Garner, 167 S.W.3d 664, 86 Ark. App. 213, 53 U.C.C. Rep. Serv. 2d (West) 660, 2004 Ark. App. LEXIS 361 (Ark. Ct. App. 2004).

Opinion

Andree Layton Roaf, Judge.

This appeal concerns the interpretation and construction of a promissory note and security agreement signed by three debtors, the appellees, and containing a future-advances clause. The trial court held that the future-advances clause did not extend to cover a later, separate note signed by only one of the original debtors, and the appellant, First National Bank of Izard County (FNBIC) appeals. We affirm.

The parties submitted this case to the trial court on stipulated facts. On May 6, 1993, appellees Boyd Garner, Janet Garner, and Phillip Garner executed a promissory note in favor of FNBIC in the principal amount of $51,890.12, for the stated purpose of purchasing real estate. As security for the note, appellees executed a mortgage on certain real property in Izard County. In addition, appellees executed a financing statement and security agreement granting FNBIC a security interest in a Ford tractor. At the time the note, mortgage, and financing statement and security agreement were executed, Boyd Garner and Janet Garner were husband and wife. Phillip Garner is the son of Boyd Garner but not the son of Janet Garner. The Ford tractor referenced in the security agreement was owned by Boyd Garner prior to his marriage to Janet Garner.

The promissory note contained the following provisions:

Definitions — “I” means each borrower who signs this note and each other person or legal entity (including grantors, endorsers, and sureties) who agrees to pay the note. The term ‘note total’ means the total amount I am obligated to pay on the note.
Secured Obligations • — ■ This agreement secures the payment of the note and any additional amount I am or will become obligated to pay to you under the terms of the note (including all extensions, renewals, refinancing and modifications of the note) and the security agreement. This agreement also secures all other debts I may now or later owe you (including notes, insurance premiums, overdrafts, letters of credit, guarantees, and all extensions, renewals, and modifications of such debts)....

In June 2001, Janet Garner executed a promissory note to FNBIC in the original principal amount of $17,021.54. As security, Janet Garner granted FNBIC a security interest in a new Chevrolet Cavalier automobile and in the Ford tractor listed in the original May 1993 note. In January 2002, the Chevrolet automobile was damaged, and insurance on the automobile paid $9,000 toward the satisfaction of the promissory note. As of May 10, 2002, there was a balance owed on the note of $7,232.14, plus late charges of $178.65. FNBIC attempted to take possession of the Ford tractor under the security agreement granted in connection with the May 1993 note, but the Gamers refused to allow FNBIC to do so.

At the time the May 1993 note was executed, Boyd Garner and Janet Garner were living together as husband and wife. They separated in 2000, reconciled, and separated again in February 2001. They were divorced later that year, and Boyd Garner received the Ford tractor in the divorce decree. Neither Phillip Garner nor Boyd Gardner signed any of the loan documentation in connection with the June 2001 note executed by Janet Garner.

FNBIC filed suit seeking a judgment against Janet Garner for the unpaid balance of the note, interest, and attorney’s fees. FNBIC sought an order requiring Boyd Garner and Phillip Garner to make the Ford tractor available so FNBIC could take possession and sell the tractor and apply the proceeds to the 2001 Janet Garner note. Boyd Garner and Phillip Garner 1 answered, denying the allegations of the complaint.

The trial court found that FNBIC’s claim hinges on the meaning of “I” as defined in the stipulated facts. The court referred to the definition of “each” provided by the dictionary as meaning “each one; every individual one.” The trial court reasoned that, in order for FNBIC to have an interest in the tractor, it would have been necessary for “every defendant” to have signed the Janet Garner note dated June 2001. The court ruled that, because that did not happen, FNBIC had no security interest in the tractor and was not entitled to take possession of this tractor and dispose of and apply the proceeds to the June 2001 note. This appeal followed.

FNBIC raises one issue on appeal: that the trial court erred when it held that the security agreement executed in 1993 by Boyd Garner, Janet Garner, and Phillip Garner did not also secure the later, separate note executed by Janet Garner in 2001.

The standard of review of a circuit court’s findings of fact after a bench trial is whether those findings are clearly erroneous. Ark. R. Civ. P. 52; Burke v. Elmore, 341 Ark. 129, 14 S.W.3d 872 (2000). A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been committed. McQuillan v. Mercedes-Benz Credit Corp., 331 Ark. 242, 961 S.W.2d 729 (1998).

The Uniform Commercial Code, in Ark. Code Ann. § 4-9-204(c) (Repl. 2001), provides, in part, that “[a] security agreement may provide that collateral secures... future advances or other value, whether or not the advances or value are given pursuant to commitment.” In construing future-advances clauses, the intention of the parties governs and is to be determined by considering all the circumstances surrounding the execution of the mortgage. Union Nat’l Bank v. First State Bank & Trust Co., 16 Ark. App. 116, 697 S.W.2d 940 (1985).

Courts have stated that future-advances clauses cover only advances shown to have been within the contemplation of the parties at the time the security agreement was executed. In re Swanson, 104 B.R. 1 (Bankr. C.D. Ill. 1989). In determining intent, we look to whether the later loan is related to or within the same class as the original debt, which allows us to infer that it was covered by the earlier agreement. See Security Bank v. First Nat’l Bank, 263 Ark. 525, 565 S.W.2d 623 (1978) (involving a real-estate mortgage); Union Nat’l Bank v. First State Bank & Trust Co., supra (same). This “relatedness” rule does not defeat future-advances clauses; rather, it helps determine the parties’ intent by looking at the relationship between the original security agreement and the later debt. See In re Estate of Simpson, 403 N.W.2d 791 (Iowa 1987).

In Security Bank, supra, Gene and Shirley Prater executed a deed of trust on their home to secure a promissory note. The trust deed contained a future-advances clause that stated that the trust deed secured not only “the indebtedness hereinafter described but any other indebtedness now or hereafter owing by parties of the first part...

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Bluebook (online)
167 S.W.3d 664, 86 Ark. App. 213, 53 U.C.C. Rep. Serv. 2d (West) 660, 2004 Ark. App. LEXIS 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-of-izard-county-v-garner-arkctapp-2004.