First-Citizens Bank & Trust Company v. Vogt et al

Filing 102

MOTION by Plaintiff First-Citizens Bank & Trust Company for judgment of Foreclosure and Other Relief (Attachments: # 1 Exhibit A)(Collen, John)

EXHIBIT A

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
First-Citizens Bank & Trust Company, a
North Carolina chartered commercial
bank, as successor in interest to Temecula
Valley Bank,

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Plaintiff,
v.
Cynthia J. Vogt a/k/a Cynthia Vogt, an
individual, Clarence B. Vogt, an individual,
Vogt Enterprise, Inc., an Illinois corporation,
Smart Bros. Inc., an Illinois corporation, and
Dearborn Wholesale Grocers, L.P., an Illinois
limited partnership,
Defendants.

Case No. 15 cv 07485

Judge John J. Tharp, Jr.

PROPOSED JUDGMENT FOR FORECLOSURE AND
ORDER REGARDING SUBORDINATED STATUS OF
DEFENDANT SMART BROS.’ INTEREST, IF ANY, IN REAL ESTATE
THIS MATTER having come before the Court on First-Citizens Bank & Trust Company’s
(“First-Citizens”) Motion for Entry of Judgment for Foreclosure and Other Relief (“Motion”);
THE COURT HEREBY FINDS:
1.

The Court has jurisdiction over this matter, pursuant to, without limitation, 28

U.S.C. 1332.
2.

Due and proper notice of the Motion has been given to the Defendants.

3.

The Court has reviewed the Motion, and has been advised in open Court by

counsel for the Receiver, and counsel for First-Citizens.
4.

The allegations of the Motion are uncontested; further, the allegations are also

supported by the record in this case.
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5.

For the reasons set forth in the Motion, First-Citizens is entitled to the relief it

seeks in the Motion.
WHEREFORE, it is hereby ORDERED, ADJUDGED AND DECREED:
1.

A judgment of foreclosure is hereby entered in favor of First-Citizens and against

Defendants Cynthia J. Vogt, Clarence B. Vogt, Vogt Enterprises, and Dearborn Wholesale
Grocers, LP, and their respective right, title and interest in the Real Property legally described in
the Complaint and commonly known as 3201 N. Lewis Avenue in Waukegan, Illinois (the “Real
Property”) is hereby extinguished.
2.

The interest, if any, of Defendant Smart Bros. Inc. in the Real Property is wholly

subordinate and inferior to the valid and perfected first and prior mortgage of Plaintiff FirstCitizens Bank and Trust Company.
3.

This order is a final order, and not interlocutory, with respect to the matters

covered herein.
4.

Nothing herein shall be construed relief sought by the Receiver in his Motion to

Approve Sale of the Real Property to the Stalking Horse Purchaser.
ENTERED:

By:_________________________________
United States District Court Judge
Dated: __________________

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Order Prepared By:
John Collen, ARDC No. 03127874
SmithAmundsen LLC
150 North Michigan Ave.; Suite 3300
Chicago, Illinois 60601
Telephone: [phone]
[e-mail]

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