8 On occasion, the KBA receives a request to become involved in a legal matter. Typically, the request is for the KBA to file an amicus curiae brief — or a “friend of the court” brief. In this case, the requesting bank was First Security Bank, headquartered in Beaver, Oklahoma. However, the case involved customers in Kansas and the enforceability of a waiver of the statute of limitations clause in a commercial promissory note under Kansas law. Since most of the commercial promissory notes used in Kansas contain this very clause, the KBA Board of Directors believed this request worthy of its investment. Briefly stated, here are the facts of the case: In June 2005, a couple (the Buehnes) executed a commercial promissory note with First Security Bank (FSB) to build two car washes in Kansas. Among other things, the note included a provision that stated that the signer waives “any available statute of limitations to the full extent permitted by law.” The Buehnes failed to make the required payments at the set times outlined in the note. Over the next several years, FSB sent the Buehnes overdue notices by mail with no response. In 2014, FSB filed a lawsuit against the Buehnes. In 2019, the Buehnes moved for summary judgment, claiming that the statute of LEADER’S LEDGER Kansas Supreme Court Issues Decision on Enforceability of Waiver of the Statute of Limitations Clauses
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