United States of America v. Hrasky et al

Filing 25

ORDER granting 22 Motion for Order to Confirm Sale; sale confirmed; U.S. Marshal to deliver deed: Clerk to make disbursements as set out in the Judgment and Decree 17 . Ordered by Judge Richard G. Kopf. (1 Certified copy to USM)(GJG)

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. T IM A. HRASKY (Deceased), et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

8 :0 9 C V 1 3 4

O R D E R CONFIRMING SALE

N o w on this 15th day of March, 2010, this matter comes on for determination upon th e United States Marshal's Return to Order of Sale (filing 21) filed herein, and the m o tio n of the Plaintiff for confirmation of sale (filing 22). On consideration of said return , the motion for confirmation, the records, files and evidence presented, the Court f in d s : 1. T h a t the Order of Sale of realty entered by the Court issued pursuant to the

p ro v is io n s of the Judgment and Decree of Foreclosure has been executed by the U. S. M a rsh a l according to law and the orders of this Court. 2. T h a t Notice of Sale was published as is by law required, and at the time and

p la c e stated in the Notice, the property described in said Judgment was offered for sale by th e U. S. Marshal for the District of Nebraska. 3. T h a t the aforementioned real estate was auctioned for sale as a single unit,

a ll as provided and set forth in the Decree of Foreclosure, Order of Sale, and Notice of S a le .

4.

T h a t the total proceeds derived from the sale of said property was the sum

o f Forty-two Thousand Seven Hundred Dollars and 00/100 ($42,700.00) and that the h ig h e st bidder for the purchase of said property was Michael A. Pierce. 5. T h a t said property was sold for fair value to the highest bidder thereon

u n d e r the circumstances and conditions of the sale, and that a subsequent sale would not r e a liz e a greater return of proceeds. 6. T h a t, on February 12, 2010, the Court issued an Order requiring objections

to the Plaintiff's Motion to Confirm Sale to be filed not later than March 5, 2010, and that n o objections have been filed. 7. T h a t the sale, therefore, should be confirmed.

IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY THIS Court th a t the sale should be, and hereby is confirmed. IT IS FURTHER ORDERED that the United States Marshal make and deliver his d e e d to the purchaser of the heretofore described real estate. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Clerk of the U n ite d States District Court shall make disbursements of the proceeds of the sale as set o u t in the Judgment and Decree of Foreclosure filed herein. B Y THE COURT:

R ichard G. Kopf
RICHARD G. KOPF U N I T E D STATES DISTRICT JUDGE