ine issues of material fact in dispute and that summary judgment is appropriate.
The facts, as shown by the pleadings and the submissions with the Motions, are as follows.
1. Gerald Kessel, husband of the Plaintiff, executed a promissory note in the sum of $400,000.00 in favor of the Defendant on September 26, 1984. Plaintiff did not obligate herself on this Note.
2. On that same date, Plaintiff executed a Deed of Trust on the family residence (which was titled in her sole name) designating the Defendant as Beneficiary. This Deed of Trust was given as additional security for the Promissory Note of her husband.
3. On September 8, 1985, March 26, 1986, and July 30, 1987, Gerald Kessel and the Defendant entered into modification agreements on the Promissory note where the term of the Note was extended and/or the interest rate was increased. Plaintiff denies she had any knowledge of these modifications. The affidavits establish that the Defendant and Gerald Kessel did not inform Plaintiff of these modifications.
4. In March, 1988, the Defendant commenced a lawsuit against Gerald Kessel in Denver District Court seeking authority to foreclose upon the Deed of Trust under Colo.R.Civ.P., Rule 120 and for judgment on the Note.
5. On or about November 18, 1988, Plaintiff moved to intervene in that state court suit and filed an Answer and Counterclaim, a Motion for Temporary Restraining Order and Preliminary Injunction and brief in support of the Motion.
6. In her Answer and Counterclaim Plaintiff alleged, inter alia, the following:
A. The plaintiff adopted ". . . the answer and affirmative defenses as alleged by Gerald E. Kessel in his answer and counterclaim, and incorporates the same by reference as if fully set forth herein."
B. ". . . [Gerald] Kessel answered the Bank's [Defendant herein] Complaint denying default on the Note and counterclaimed alleging that the Bank acted in bad faith and did not act fairly with Kessel. Kessel alleges that the indebtedness claimed by the Bank was incurred as a result of the Bank's bre