United States of America v. Schwarz

Filing 9

JUDGMENT AND DECREE OF FORECLOSURE AND ORDER OF SALE - In the amount of principal sum of $56,353.40, plus $40.77 in late charges, and $7,590.15 fees currently assessed and required, accrued interest in the amount of $7,630.92, tog ether with interest accruing at the rate of $12.79 per day from June 30, 2011, until the date of entry of this decree. Interest will accrue on said sums from and after the date of entry of this decree at the legal rate of.18 % computed daily and compounded annually until paid in full. Granting Plaintiff's Motion for default judgment 7 against defendant Kindi S. Schwarz. Ordered by Judge Laurie Smith Camp. (Copies mailed to defendant via US Mail) (KBJ)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
KINDI S. SCHWARZ,
Defendant.

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CASE NO. 8:11CV105

JUDGMENT AND DECREE
OF FORECLOSURE AND
ORDER OF SALE

This matter is before the Court on the Complaint filed herein by the Plaintiff, United
States of America. The Plaintiff appears by and through its attorneys, Deborah R. Gilg,
United States Attorney for the District of Nebraska, and Robert L. Homan, Assistant United
States Attorney for said District. The Defendant, Kindi S. Schwarz, failed to answer or
otherwise appear or plead to the allegations contained in the Complaint and said
Defendant is in default in this action.
THEREFORE, the Court, having examined the record of these proceedings, and
having been fully advised in the premises, finds:
That the Court has jurisdiction of these proceedings pursuant to Title 28,
United States Code, § 1345;
That due and legal notice of the pendency of this action has been given;
And that the Court has acquired jurisdiction of all the parties.
AND this cause coming on further to be heard on the pleadings and the evidence
and being submitted to the Court, on due consideration, the Court finds:
That each and all of the allegations of Plaintiff's Complaint are true;
That Plaintiff is entitled to a Decree of Foreclosure and Order of Sale as
prayed;

That the premises herein described will sell to the best advantage in one
entire tract.
That there is due and owing to the Plaintiff as of June 30, 2011, the principal
sum of $56,353.40, plus $40.77 in late charges, and $7,590.15 fees currently assessed
and required, accrued interest in the amount of $7,630.92, together with interest accruing
at the rate of $12.79 per day from June 30, 2011, until the date of entry of this decree.
Interest will accrue on said sums from and after the date of entry of this decree at the legal
rate of .18 % computed daily and compounded annually until paid in full. The amount due
Plaintiff as stated herein is the first lien on the following described real estate in Gosper
County, Nebraska, to-wit:
Lot Eleven (11), Bellamy Subdivision of Northside Addition to
the Village of Elwood, Gosper County, Nebraska.
IT IS, THEREFORE ORDERED:
That judgment should be and hereby is entered against Defendant, Kindi S.
Schwarz.

That the above and foregoing findings are hereby made a part of this decree

and order and by this reference incorporated herein;
That, if the costs as indicated below and the several amounts above found due and
interest thereon be not paid within twenty (20) days herefrom, all equity of redemption in
said premises be foreclosed and said premises sold as upon execution in one entire tract;
That the Plaintiff shall apply for and the Clerk of the United States District Court
shall issue an Order of Sale;
That the United States Marshal for the District of Nebraska shall thereupon advertise
and sell, according to law, the aforementioned property;
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That, as upon execution, said United States Marshal shall report his proceedings
under this Decree and Order to this Court and shall deposit the proceeds of the sale, if any,
into the Registry of the Court;
That, upon confirmation of said sale, said Clerk shall apply the proceeds as follows:
First, to the payment of the costs of the Plaintiff, and to the United States
Marshal for service of Summons and Complaint and execution of Order of Sale;
Second, to the payment of the amount found due the Plaintiff with interest
thereupon according to law;
That said Clerk shall retain in the Registry of the Court any surplus from said sale
until further order of the Court.
That the aforementioned costs will be determined, after confirmation of sale,
pursuant to the procedures described in Rule 54.1 of the Local Rules of the United States
District Court for the District of Nebraska.
And that, upon confirmation by the Court of the sale of the aforementioned real
estate, the United States Marshal shall execute a deed to the purchaser(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).
DATED this 26th day of July, 2011.
BY THE COURT:

s/Laurie Smith Camp
United States District Judge

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