United States of America v. Rader et al

Filing 24

JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE in the amount of $63,985.56 , together with interest accruing at the rate of $9.3017 per day from February 15, 2010, until the date of entry of this decree, plus accrued interest of .3 9% computed daily and compounded annual until paid in full; setting priority of liens and directing sale of premises; granting Plaintiff USA's motion for Default Judgment 22 against defendants. Ordered by Judge Richard G. Kopf. (1 Certified copy to USM) (Copy sent via U.S. Mail to defendant Lorna S. Rader). (GJG) Modified on 3/23/2010 to correct text regarding calculations (GJG, ).

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IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA U N IT E D STATES OF AMERICA, ) ) P l a in tif f , ) ) v. ) ) L O R N A S. RADER; ALVIN L. ) R A D E R (deceased); BLUE VALLEY ) C O M M U N IT Y ACTION, INC., ) J O S E P H F. CHILEN, TRUSTEE; ) P A C E S E T T E R CORPORATION, ) a n d the Unknown ) H e ir s, Executors, Administrators, ) D e v i se e s , Trustees, Legatees, Creditors, ) a n d Assignees of such of the defendants ) a s may be deceased; the Unknown ) S p o u se s of the defendants; ) th e Unknown Stockholders, Officers, ) S u c c e ss o rs , Trustees, Creditors and ) A s s ig n e e s of such defendants as are ) e x istin g , dissolved or dormant ) c o r p o r a tio n s ; the Unknown Executors, ) A d m in is tra to rs , Devisees, Trustees, ) C r e d ito r s , Successors and Assignees ) o f such defendants as are or were ) p a rtn e rs or in partnership; and the ) U n k n o w n Guardians, Conservators and ) T r u s te e s of such of the defendants as ) are minors or are in any way under ) le g a l disability; and the Unknown ) H e irs , Executors, Administrators, ) D e v is e e s , Legatees, Trustees, ) C re d ito rs and Assignees of any ) P e rs o n alleged to be deceased and ) m a d e defendants as such, ) ) Defendants. ) C IV IL 4:09CV3180 J U D G M E N T AND DECREE O F FORECLOSURE A N D ORDER OF SALE N o w on this 15th day of March, 2010, this cause came on for determination upon th e Amended Complaint filed herein by the Plaintiff, United States of America. The P la in tif f appears by and through its attorneys, Deborah R. Gilg, United States Attorney f o r the District of Nebraska, and Paul D. Boeshart, Assistant United States Attorney for s a id District. The Defendants Lorna S. Rader; Alvin L. Rader (deceased); Blue Valley C o m m u n ity Action, Inc, Joseph F. Chilen, Trustee; Pacesetter Corporation; and the U n k n o w n Heirs, Executors, Administrators, Devisees, Trustees, Legatees, Creditors, and A s s ig n e e s of such of the defendants as may be deceased; the Unknown Spouses of the d e f en d a n ts ; the Unknown Stockholders, Officers, Successors, Trustees, Creditors and A s s ig n e e s of such defendants as are existing, dissolved or dormant corporations; the U n k n o w n Executors, Administrators, Devisees, Trustees, Creditors, Successors and A ss ig n e e s of such defendants as are or were partners or in partnership; and the Unknown G u a rd ian s, Conservators and Trustees of such of the defendants as are minors or are in a n y way under legal disability; and the Unknown Heirs, Executors, Administrators, D e v is e e s, Legatees, Trustees, Creditors and Assignees of any Person alleged to be d e c e a se d and made defendants as such, failed to answer or otherwise appear or plead to th e allegations contained in the Amended Complaint and said Defendants are in default in th is action. T H E R E F O R E , the Court, having examined the record of these proceedings, and h a v in g been fully advised in the premises, finds: 2 T h a t the Court has jurisdiction of these proceedings pursuant to Title 28, U n ite d States Code, 1345; T h a t due and legal notice of the pendency of this action has been given; And that the Court has acquired jurisdiction of all the parties. A N D this cause coming on further to be heard on the pleadings and the evidence a n d being submitted to the Court, on due consideration, the Court finds: T h at each and all of the allegations of Plaintiff's Amended Complaint are tru e ; T h a t Plaintiff is entitled to a Decree of Foreclosure in rem and Order of S a le as prayed; T h a t the premises herein described will sell to the best advantage in one e n tire tract. T h a t there is due and owing to the Plaintiff as of February 15, 2010, the p rin c ip a l sum of $52,971.67, interest credit or subsidy subject to recapture in the amount o f $3,256.32, plus accrued interest in the amount of $7,757.57, together with interest a c cru in g at the rate of $9.3017 per day from February 15, 2010, until the date of entry of th is decree. Interest will accrue on said sums from and after the date of entry of this d e c re e at the legal rate of 0.39 % computed daily and compounded annually until paid in full. The amount due Plaintiff as stated herein is the first lien on the following d e sc rib e d real estate in Saline County, Nebraska, to-wit: 3 Lot 658 and the North 21.67 feet of Lot 659, Dorchester, S a lin e County, Nebraska. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED: T h a t judgment in rem should be and hereby is entered against the defendants and th e real estate which is the subject of this action. T h a t the above and foregoing findings are hereby made a part of this decree and o rd e r and by this reference incorporated herein; T h a t, if the costs as indicated below and the several amounts above found due and in ter e st thereon be not paid within twenty (20) days herefrom, all equity of redemption in sa id premises be foreclosed and said premises sold as upon execution in one entire tract; T h at the Plaintiff shall apply for and the Clerk of the United States District Court s h a ll issue an Order of Sale; T h a t the United States Marshal for the District of Nebraska shall thereupon a d v e rtis e and sell, according to law, the aforementioned property; T h a t, as upon execution, said United States Marshal shall report his proceedings u n d e r this Decree and Order to this Court and shall deposit the proceeds of the sale, if a n y, into the Registry of the Court; T h a t, upon confirmation of said sale, said Clerk shall apply the proceeds as f o l lo w s : 4 F irs t, to the payment of the costs of the Plaintiff, and to the United States M a rs h a l for service of Summons and Amended Complaint and execution of Order o f Sale; S e c o n d , to the payment of the amount found due the Plaintiff with interest th e re u p o n according to law; T h ird , to the payment of the costs of the United States Marshal for per diem a n d special requirements; T h a t said Clerk shall retain in the Registry of the Court any surplus from said sale u n til further order of the Court. T h a t the aforementioned costs will be determined, after confirmation of sale, p u rs u a n t to the procedures described in Rule 54.1 of the Local Rules of the United States D is tric t Court for the District of Nebraska. A n d that, upon confirmation by the Court of the sale of the aforementioned real e sta te , the United States Marshal shall execute a deed to the purchaser(s); and the parties o f this Decree and Order and all persons claiming under them are ordered to deliver p o sses sion of said real estate to such purchaser(s). M a rc h 15, 2010. BY THE COURT: R ichard G. Kopf R I C H A R D G. KOPF U .S . DISTRICT JUDGE 5

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