FIRST NA v. VICTORY LANE F/V et al

Filing 18

Judgment of Foreclosure of Ship Mortgage and Order of Sale. It is hereby ORDERED that any motion for attorney's fees shall be filed within the time specified in Local Rule 54.2 of this Court. By JUDGE NANCY TORRESEN. (dfr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
THE FIRST, N.A., a banking
institution organized under the laws of
the United States with a place of
business in Damariscotta, County of
Lincoln, State of Maine,
Plaintiff,
v.
F/V VICTORY LANE, (O.N. 629838),
her engines, machinery, equipment,
masts, etc., in rem;
and
SCOTT W. DELANO, of Friendship,
County of Knox, State of Maine, in
personam,
Defendants.

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Civil Action No.2:13-cv-417-NT

Judgment of Foreclosure of Ship Mortgage and Order of Sale
Upon Plaintiff’s Motion for Judgment of Foreclosure and Order of Sale
by Default dated March 6, 2014, entry of default having been entered against
the F/V VICTORY LANE, (O.N. 629838), in rem, against Scott W. Delano, in
personam, and against all other persons and entities that have or may claim
an interest in the vessel, it is hereby

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ORDERED, ADJUDGED AND DECREED THAT:
1. The First Preferred Ship Mortgage held by Plaintiff upon the
F/V VICTORY LANE, (O.N. 629838) her engines, machinery,
fishing gear and appurtenances is foreclosed;
2. Judgment is awarded in favor of Plaintiff and against
Defendants F/V VICTORY LANE, (O.N. 629838) in rem, and
Scott W. Delano, in personam in the amount of $34,905.95 as of
October 30, 2013 together with interest after October 30, 2013
accruing at the rate of $5.6824 per diem plus costs of collection
including attorney’s fees, expenses of sale and custodial costs
against Defendant F/V VICTORY LANE in rem, and Defendant
Scott W. Delano, in personam;
3. The United States Marshal shall sell the said F/V VICTORY
LANE, (O.N. 629838), her engines, machinery, fishing gear and
appurtenances free and clear of all liens and encumbrances at
public sale to be advertised by publication once in the Portland
Press Herald at least fourteen (14) days prior to sale with the
deposit proceeds to be held by the U. S. Marshal. The Plaintiff
may credit bid at the Marshal’s sale without deposit;
4. Plaintiff shall submit an Affidavit of its costs and attorneys fees
and of the fees and expenses of the Substitute Custodian to be

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included within the judgment debt for approval by the Court
with the Motion for Confirmation of Sale;
5. Upon Order of Confirmation of Sale by the Court and payment
of the balance due to the U.S. Marshal by the purchaser at
Marshal’s sale, the U.S. Marshal shall distribute the net
proceeds after retention of the commission due to the U.S.
Marshal as follows: (a) to Plaintiff The First, N.A. its judgment
debt as set forth in the Order of Confirmation of Sale and (b) to
Defendant Scott W. Delano any surplus; and
6. On Motion of Plaintiff, the Clerk shall issue a Writ for any
deficiency against Defendant Scott W. Delano.

Dated this 13th of March, 2014.
/s/ Nancy Torresen
United States District Judge

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