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Michael Smith, attorney for the appellant Jewish Bank National Trust Company, begins by requesting to reserve five minutes for further discussion. He states that this is an appeal regarding the dismissal of a motion for summary judgment in a mortgage foreclosure case. Smith argues that the trial court made errors in granting this summary judgment in three ways: first, Barry Patterson waived the defense regarding the failure to meet certain conditions; second, the court improperly resolved significant factual issues; and third, the court wrongly concluded that the bdocHub letter did not comply with mortgage terms when it actually did. Smith intends to address the procedural history of the case.