USA v. Hutchison et al

Filing 21

ORDER Approving Marshal's Deed, pursant to 20 Order Confirming Marshal's Sale. Signed by Judge James M. Moody on 1/9/09. (Attachments: # 1 Marshal's Deed) (jct)

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M A R S H A L 'S DEED W H E R E A S , in a certain Civil Action No. 3:08CV0000116 JMM, pending in the United S ta te s District Court for the Eastern District of Arkansas, Western Division, wherein UNITED S T A T E S OF AMERICA was plaintiff and JOHN K. HUTCHISON, INDIVIDUALLY AND AS P A R T N E R OF EM-AL-AN FARMS PARTNERSHIP AND AS PRESIDENT OF HUTCH F A R M S MAGIC, INC. AND KAREN S. HUTCHISON, INDIVIDUALLY AND AS PARTNER O F EM-AL-AN FARMS PARTNERSHIP, THE FIRST NATIONAL BANK OF WYNNE, A R K A N S A S , FORMERLY THE BANK OF HARRISBURG, NOW KNOWN AS FIRST N A T IO N A L BANK OF HARRISBURG; AND CARTER-COX SEEDS, INC. (AKA C&C S E E D S , INC.), were defendants, a judgment was entered on October 23, 2008, directing the f o re c lo s u re of a certain mortgage executed by John K. Hutchison and Karen S. Hutchison, to the U n ite d States of America, and ordering a sale of the property encumbered by said mortgage; and

W H E R E A S , the undersigned Robert G. Howard, Jr., United States Marshal for the Eastern D istric t of Arkansas, duly conducted the sale authorized and directed in said judgment, which sale w a s held at public auction on December 3, 2008, after advertisement for the time and in the m a n n e r prescribed in said judgment, and in all respects in accordance with the directions contained th e re in ; and W H E R E A S , at said sale Harold L. Kocher and Casey A. Kocher, were the highest and best b id d e rs , bidding for said property the sum of $13,500.00, the property then being struck off and s o ld to the said Harold L. Kocher and Casey A. Kocher, husband and wife; and W H E R E A S , such sale was duly reported to the above described Court; N O W , THEREFORE, with the approval of and by direction of such Court, for the c o n sid e ra tio n s aforesaid, and in order to carry into effect the sale conducted as aforesaid, the u n d e rs ig n e d United States Marshal hereby grants, sells and conveys unto the said Harold L. K o c h e r and Casey A. Kocher, husband and wife, and their heirs and assigns forever, all of the rig h t, title, interest, equity and estate of plaintiff, United States of America, and all defendants to th is action in and to the following property situated in Poinsett County, Arkansas, to wit: P a rt of the Northwest Quarter of the Northeast Quarter of Section 29, T o w n s h ip 11 North, Range 3 East, more particularly described as f o llo w s: Commence at the Northeast Corner of the NE ¼ of said S e c tio n 29 and run thence South 89 degrees 45 minutes West along th e Section line 2079.7 feet to the point of beginning proper; thence c o n tin u e South 89 degrees 45 minutes West along said Section line 5 4 9 .7 4 feet to a point on the Quarter Section line; thence South along s a id Quarter Section line 1320.0 feet; thence North 89 degrees 4 5 minutes East 666.37 feet; thence North 06 degrees 18 minutes W e st 295.6 feet; thence North 30 degrees 03 minutes West 383.2 feet; -2-

th e n c e South 67 degrees 17 minutes West 216.9 Feet; thence North 21 d eg ree s 30 minutes East 836.0 feet to the point of beginning proper. to g e th e r with all improvements and appurtenances thereon. T O HAVE AND TO HOLD the said property unto the said Harold L. Kocher and Casey A . Kocher, husband and wife, and their heirs and assigns forever, with all appurtenances thereunto b e lo n g in g . I N WITNESS WHEREOF, I have hereunto set my hand on this 2009. 8 th day of January,

/s/ Robert G. Howard, Jr. Robert G. Howard, Jr. U n ite d States Marshal P R E P A R E D BY: R icha rd M. Pence, Jr. A s s is ta n t United States Attorney P o s t Office Box 1229 L ittle Rock, AR 72203 (5 0 1 ) 340-2600

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A C K N O W L ED G M E NT S T A T E OF ARKANSAS ) ) C O U N T Y OF PULASKI ) B E IT REMEMBERED on this day appeared before the undersigned Notary Public, duly q u a lif ie d , commissioned and acting within and for the County and State aforesaid, Robert G. H o w a rd , Jr., United States Marshal for the Eastern District of Arkansas, who stated and a c k n o w le d g e d to me that, pursuant to the judgment entered by the United States District Court for th e Eastern District of Arkansas in the proceedings referred to therein, he had so signed and executed the foregoing Marshal's Deed for consideration, uses and purposes therein mentioned and s e t forth. I N TESTIMONY WHEREOF, I have hereunto this 8 th day of January, 2009, set my h a n d and official seal as such Notary Public. /s/ Paulette E. Chappelle-Reed Notary Public M y Commission Expires: February 27, 2013

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