U.S BANK NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF BEAR ST v. ARMSTRONG TUCKERTON, LLC

Filing 113

ORDER Granting 103 Motion for Default Judgment in favor of Plaintiff against Defendant in the amount of $6,150,942.08, etc. ***CIVIL CASE TERMINATED. Signed by Judge Michael A. Shipp on 9/24/2015. (kas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
U.S BANK NATIONAL
ASSOCIATION, AS TRUSTEE, AS
SUCCESSOR-IN-INTEREST TO
BANK OF AMERICA, N.A.,
SUCCESSOR BY MERGER TO
LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE FOR
THE REGISTERED HOLDERS OF
BEAR STEARNS COMMERCIAL
MORTGAGE SECURITIES INC.,
COMMERCIAL MORTGAGE PASSTHROUGH CERTIFICATES, SERIES
2006-PWR14
Plaintiff,

No. 3:12-cv-3002-MAS-TJB

ORDER

v.
ARMSTRONG TUCKERTON, LLC,
Defendant.
AND NOW, this

2/..\-fV' day of Sq:::)\f.f{\\:Je..C

, 2015, upon

consideration of Plaintiff U.S. Bank National Association, as Trustee, as successorin-interest to Bank of America, N.A., successor by merger to LaSalle Bank
National Association, as Trustee for the Registered Holders of Bear Steams
Commercial Mortgage Securities Inc., Commercial Mortgage Pass-Through
Certificates, Series 2006-PWR14's Motion for Default Judgment, and to Dismiss
or Strike Defendant's Counterclaims, and all submissions and arguments in support
thereof and in opposition thereto, and for good cause having been shown,

IT IS HEREBY ORDERED that said Motion is GRANTED. Accordingly, it
is FURTHER ORDERED as follows:
( 1) Default Judgment is hereby ENTERED in favor of Plaintiff and
against Defendant Armstrong Tuckerton, LLC on Plaintiffs Complaint in
Mortgage Foreclosure;
(2) Counts I through V, VII, and VIII of Defendant's Counterclaims
are hereby STRICKEN and DISMISSED WITH PREJUDICE, the Court
having previously dismissed Count VI of Defendant's Counterclaims;
(3) All right, title, lien, and equity of redemption that Defendant and
all those claiming by, through, or under it have or had in the Mortgaged
Premises described in Exhibit A hereto, together with the personalty,
fixtures, furniture and other items and things identified as collateral in the
Mortgage and/or UCC-1 Financing Statements at issue in this action
(together with the Mortgaged Premises, the "Mortgaged Property") is hereby
FORECLOSED;
(4) The amount due and owing to Plaintiff under the Loan Documents
is hereby fixed at $6,150,942.08 as of June 1, 2015 together with continuing
per diem regular interest thereon at the rate of $740.5517 per day from and
after June 2, 2015 until the Mortgaged Property is sold at foreclosure or
other execution sale, and continuing per diem default interest thereon at the

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rate of $578.5560 per day from and after June 2, 2015 until the Mortgaged
Property is sold at foreclosure or other execution sale; and also together with
any and all other amounts advanced by Plaintiff after June 1, 2015, together
with attorneys 'fees and other costs and expenses permitted under the Loan
Documents; and
(5) The receiver appointed in this action, Fameco Real Estate, L.P ., is
hereby authorized to conduct a public foreclosure sale of the Mortgaged
Property pursuant to 28 U.S.C. § 2001 et seq.

BY THE COURT:

Mi~

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U.S.D.J.