United States of America v. King et al

Filing 13

AMENDED DEFAULT JUDGMENT - Signed by Chief Judge James C. Dever III on 1/18/2017. (Briggeman, N.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-732-D

UNITED STATES OF AMERICA,
Plaintiff,

v.
BERNICE KING et al,
Defendant.

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DEFAULT JUDGMENT
(AMENDED)

UPON CONSIDERATION OF the Plaintiffs Motion for Default Judgment, and the entire
record,
IT IS HEREBY ORDERED that Plaintiffs Motion for Default Judgment is GRANTED;
IT IS FURTHER ORDERED that Judgment by Default is hereby entered against
Defendant for failure of answer and in favor of Plaintiff, the United States of America, against
Defendants in the principal amount of $66,291.29 with interest of $4,484.01 accrued as of April
19, 2016, plus interest accruing thereafter at a rate of 3.625%, together with present and future
costs and disbursements incurred by Plaintiff in this action;
IT IS FURTHER ORDERED that interest after date of entry of this judgment shall be at
the applicable judgment rate.
IT IS FURTHER ORDERED that the Plaintiffs Deeds of Trust and Security Agreements
be foreclosed and that all right, title, and interest of Defendants or any persons holding by, through,
or under them, including any equity or redemption or rights of power, and rights of any junior
lienholders, be forever barred in and to the aforesaid real and personal property;

IT IS FURTHER ORDERED that the United States Marshal enter upon the land of
Defendants, or other location, to seize the collateral for the aforesaid loans;
IT IS FURTHER ORDERED that all persons occupying the property shall leave and vacate
the property permanently within 30 days of the date of this order, each taking with them his or her
personal property (but leaving all improvements, buildings, fixtures, and appurtenances to the
property). If any person fails or refuses to leave and vacate the property by the time specified in
this Order, the United States Marshal and his deputies are authorized and directed to take all actions
that are reasonably necessary to eject those persons. If any person fails or refuses to remove his or
her personal property from the property by the time specified herein, the personal property
remaining on the property thereafter is deemed forfeited and abandoned, and the United States
Marshal and his deputies are authorized to remove it and to dispose of it in any manner they see
fit, including sale, in which case the proceeds of the sale are to be applied first to the expenses of
sale;
IT IS FURTHER ORDERED that upon foreclosure and possession, the said premises be
sold by the United States Marshal in any commercially reasonable manner, including using a
broker to assist in the sale of the property;
IT IS FURTHER ORDERED that out of the proceeds of said sale, after payments of costs
associated with the sale, Plaintiff be paid the amount thereof on its claim above described.
SO ORDERED. This _l8__ day of January 2017.

JAM S C. DEVER III
CHIEF UNITED STATES DISTRICT JUDGE