United States of America v. Cherek

Filing 11

JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE in the amount of $100,808.84 plus accrued interest of 1.24 percent computed daily and compounded annually until paid in full; setting priority of liens and directing sale of premises; granting Plaintiff USA's motion for default judgment 9 and against Defendant Michala A. Cherek. Ordered by Judge Richard G. Kopf. Copies sent to defendant via U.S. Mail. (LKL)

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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. M IC H A L A A. CHEREK, Defendant. ) ) ) ) ) ) ) ) ) C IV IL 8:08CV222 J U D G M E N T AND DECREE O F FORECLOSURE A N D ORDER OF SALE N o w on this 14th day of October, 2008, this cause came on for determination upon th e Complaint filed herein by the Plaintiff, United States of America. The Plaintiff a p p e ars by and through its attorneys, Joe W. Stecher, United States Attorney for the D istric t of Nebraska, and Laurie M. Barrett, Assistant United States Attorney for said D is tric t. The Defendant Michala A. Cherek, failed to answer or otherwise appear or p lea d to the allegations contained in the Complaint and said Defendant is in default in this a c ti o n . 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: 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 a t each and all of the allegations of Plaintiff's Complaint are true; 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 August 28, 2008, the p rin c ip a l sum of $71,117.79, plus accrued interest in the amount of $20,503.59, together w ith interest accruing at the rate of $14.5984 per day from August 28, 2008, until the date o f entry of this decree, with $9,187.46 interest credit or subsidy subject to recapture. Interest will accrue on said sums from and after the date of entry of this decree at the legal ra te of 1.24 % computed daily and compounded annually until paid in full. The a m o u n t due Plaintiff as stated herein is the first lien on the following described real estate in Cass County, Nebraska, to-wit: Lot 32, Las Lomas Addition to the City of Plattsmouth, Cass C o u n ty, Nebraska. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED: T h a t judgment in rem should be and hereby is entered against the defendant 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; 2 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 : 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 Complaint and execution of Order of 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; Third, 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. 3 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). BY THE COURT: s/ Richard G. Kopf RICHARD G. KOPF U.S. DISTRICT JUDGE 4

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