United States of America v. Schmeeckle

Filing 12

JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE in the amount of $88,580.53 plus accrued interest of.64 percent computed daily and compounded annually until paid in full; setting priority of liens and directing sale of premises; granting plaintiff's motion for default judgment 10 against Douglas L. Schmeeckle. Ordered by Senior Judge Lyle E. Strom. (Copy sent to mailed to defendant via U.S. Mail)(CJP, )

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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. ) ) D O U G L A S L. SCHMEECKLE a/k/a ) D O U G L A S SCHMEECKLE a/k/a ) D O U G SCHMEECKLE, ) ) D e f e n d a n t. ) ____________________________________) 8 :0 8 C V 4 3 7 JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE T h is cause came on for determination upon the Complaint filed herein by th e plaintiff, United States of America. The plaintiff appears by and through its attorneys, J o e W. Stecher, United States Attorney for the District of Nebraska, and Robert L. H o m a n , Assistant United States Attorney for said District. The defendant, Douglas L. S c h m e e ck le a/k/a Douglas Schmeeckle a/k/a Doug Schmeeckle, failed to answer or o th e rw ise appear or plead to the allegations contained in the Complaint and said d e f en d a n t is in default in this action. T H E R E F O R E , the Court, having examined the record of these proceedings, a n d having 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; A n d 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 e v i d e n c e and 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 and Order of Sale as p r a ye d ; 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 March 18, 2009, the p rin c ip a l sum of $75,974.64, plus accrued interest in the amount of $12,605.89, with in te re st accruing at the rate of $12.4890 per day from March 18, 2009, until the date of e n try of this decree. Interest will accrue on said sums from and after the date of entry of th is decree at the legal rate of 0.64% 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 Dawson County, Nebraska, to-wit: See Exhibit A attached hereto. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED: 1 ) That judgment should be and hereby is entered against defendant, D o u g la s L. Schmeeckle a/k/a Douglas Schmeeckle a/k/a Doug Schmeeckle. -2- 2 ) That the above and foregoing findings are hereby made a part of this d e c re e and order and by this reference incorporated herein; 3 ) That, if the costs as indicated below and the several amounts above f o u n d due and interest thereon be not paid within twenty (20) days herefrom, all equity of re d e m p tio n in said premises be foreclosed and said premises sold as upon execution in o n e entire tract; 4 ) That the plaintiff shall apply for and the Clerk of the United States D is tric t Court shall issue an Order of Sale; 5 ) That the United States Marshal for the District of Nebraska shall th e re u p o n advertise and sell, according to law, the aforementioned property; 6 ) That, as upon execution, said United States Marshal shall report his p ro c e ed in g s under this Decree and Order to this Court and shall deposit the proceeds of th e sale, if any, into the Registry of the Court; 7 ) That, upon confirmation of said sale, said Clerk shall apply the proceeds a s follows: F irs t, to the payment of the costs of the plaintiff, a n d to the United States Marshal for service of S u m m o n s and Complaint and execution of O rd e r of Sale; S e c o n d , to the payment of the amount found due th e plaintiff with interest thereupon according to la w ; -3- 8 ) That said Clerk shall retain in the Registry of the Court any surplus from sa id sale until further order of the Court. 9 ) That the aforementioned costs will be determined, after confirmation of s a le , pursuant to the procedures described in Rule 54.1 of the Local Rules of the United S ta te s District Court for the District of Nebraska. 1 0 ) And that, upon confirmation by the Court of the sale of the a f o re m e n tio n e d real estate, the United States Marshal shall execute a deed to the p u rc h a se r(s ); and the parties of this Decree and Order and all persons claiming under them are ordered to deliver possession of said real estate to such purchaser(s). D A T E D 31st day of March, 2009. B Y THE COURT: /s / Lyle E. Strom ________________________________ L Y L E E. STROM, Senior Judge U n i te d States District Court -4- DESCRIPTION A tract of land in Section 2, Township 9 North, Range 24 West of the 6th P.M., Dawson County, Nebraska, and more particularly described as follows: Beginning at the Southeast Corner of Section 2, Township 9 North, Range 24 West of the 6th P.M., Dawson County, Nebraska; Thence S 8831'34" W (an assumed bearing), and along the South Line of the Southeast Quarter of said Section 2, a distance of 1594.75 feet; Thence N 3041'09" W, and along the Easterly Right-of-Way Line of Central Nebraska Public Power and Irrigation District Canal, a distance of 1068.62 feet; Thence N 5759'00" W, and along the Easterly Right-of-Way Line of Central Nebraska Public Power and Irrigation District Canal, a distance of 173.20 feet; Thence N 4821'15" W, and along the Easterly Right-of-Way Line of Central Nebraska Public Power and Irrigation District Canal, a distance of 469.30 feet; Thence N 8842'06" E, and along the North Line of the South One-Half of the Southeast Quarter of said Section 2, a distance of 400.00 feet; Thence N 5900'30" W, and along the Easterly Right-of-Way Line of Central Nebraska Public Power and Irrigation District Canal, a distance of 466.07 feet to a point on the West Line of the Southeast Quarter of said Section 2; Thence N 6309'02" W, and along the Easterly Right-of-Way Line of Central Nebraska Public Power and Irrigation District Canal, a distance of 621.83 feet; Thence N 7018'00" W, and along the Easterly Right-of-Way Line of Central Nebraska Public Power and Irrigation District Canal, a distance of 200.00 feet; Thence N 304'06" E, and along the Easterly Right-of-Way Line of Central Nebraska Public Power and Irrigation District Canal, a distance of 865.35 feet; Thence N 3800'00" W, and along the Easterly Right-of-Way Line of Central Nebraska Public Power and Irrigation District Canal, a distance of 700.00 feet; Thence N 6200'00" W, and along the Easterly Right-of-Way Line of Central Nebraska Public Power and Irrigation District Canal, a distance of 580.00 feet; Thence West, and along the Easterly Right-of-Way Line of Line of Central Nebraska Public Power ana Irrigation District Canal, a distance of 685.00 feet; Thence N 2504'00" W, and along the Easterly Right-of-Wav Line of Central Nebraska Public Power and Irrigation District, a distance of 452.21 feet; Thence N 8946'17" E, and along the North Line of the South One-Half of the Northwest Quarter of said Section 2, a distance of 2525.14 feet; Thence S 017'58" W, and along the East Line of the Northwest Quarter of said Section 2; a distance of 1355.45 feet to the Center One-Quarter Corner of said Section 2; Thence S 005'01" W, and along the West Line of the Southeast Quarter of said Section 2, a distance of 307.10 feet; Thence S 7412'00" E, and along the centerline of an Easement, a distance of 79.92 feet; Thence S 2223'00" W, and along the centerline of on Easement, a distance of 150.70 feet; Thence S 658'00" E, and along the centerline of an Easement, a distance of 276.60 feet; Thence S 8538'00" E, and along the centerline of an Easement, a distance of277.80 feet; Thence S 7656'00" E, and along the centerline of an Easement, a distance of358.60 feet; Thence S" 947'00" W, and along the centerline of an Easement, a distance of 411.80 feet; Thence S 3221'51" W, and along the centerline of an Easement, a distance of 102.00 feet; Thence N 8842'06" E, and along the North Line of the South One-Half of the Southeast Quarter of said Section 2, a distance of 2088.13 feet; Thence S 017'25" W, and along the East line of the South One-Half of the Southeast Quarter of said Section 2, a distance of 1341.60 feet to the place of beginning and containing 130.91 Acres, more or less. EXHIBIT A -5-

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