U.S. Bank National Association, v. Fort Steuben Improvements, LLC

Filing 8

ORDER granting 7 Motion for Default Judgment. Signed by Judge Algenon L. Marbley on 7/20/16. (kn)

Case: 2:16-cv-00419-ALM-TPK Doc #: 7-5 Filed: 06/14/16 Page: 1 of 3 PAGEID #: 417

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
U.S. BANK NATIONAL ASSOCIATION, AS CASE NO. 2:16-CV-419
TRUSTEE, SUCCESSOR IN INTEREST TO
BANK OF AMERICA, NATIONAL
ASSOCIATION, SUCCESSOR BY MERGER Judge Algenon L. Marbley
TO LASALLE BANK NATIONAL
ASSOCIATION, FOR THE REGISTERED
HOLDERS OF J.P. MORGAN CHASE
COMMERCIAL MORTGAGE SECURITIES
CORP., COMMERCIAL MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005CIBC12
Plaintiff,
v.
FORT STEUBEN IMPROVEMENTS, LLC,
Defendant.
ORDER FOR DEFAULT JUDGMENT IN MORTGAGE FORECLOSURE AGAINST
DEFENDANT FORT STEUBEN IMPROVEMENTS, LLC
______________________________________________________________________________
It appearing that the Complaint was filed in this case on May 11, 2016; and that the Clerk
of the Court defaulted Defendant Fort Steuben Improvements, LLC (“Defendant”) on June, 2016
for failing to plead or otherwise defend this cause as required by law pursuant to Rule 55(a) of
the Federal Rules of Civil Procedure. (Doc. 6).
Now, upon application of Plaintiff and upon affidavit that Defendant is indebted to
Plaintiff in the sum of $38,417,440.61 as of June 13, 2016 together with continuing per diem
interest thereon in the amount of $5,756.65 per day at the regular rate from and after June 13,
2016 and continuing per diem interest thereon in the amount of $4,105.36 per day at the default
rate from and after June 13, 2016 until the Mortgaged Property, as defined below, is sold at
foreclosure sale, together with any and all other amounts advanced by Plaintiff during the
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Case: 2:16-cv-00419-ALM-TPK Doc #: 7-5 Filed: 06/14/16 Page: 2 of 3 PAGEID #: 418

pendency of this action; it is hereby:
ORDERED, ADJUDGED, AND DECREED that judgment is entered by default in
accordance with Rule 55(b)(1) of the Federal Rules of Civil Procedure, in favor of Plaintiff, U.S.
Bank National Association, as Trustee, Successor in Interest to Bank of America, National
Association, Successor by Merger to LaSalle Bank National Association, for the Registered
Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgage
Pass-Through Certificates, Series 2005-CIBC12 (“Plaintiff”), and against Defendant, Fort
Steuben Improvements, LLC, as follows:
a.

Fixing the amount due under the Note and the Mortgage at $38,417,440.61

together with continuing per diem interest thereon in the amount of $5,756.65 per day at the
regular rate from and after June 13, 2016 and continuing per diem interest thereon in the amount
of $4,105.36 per day at the default rate from and after June 13, 2016, until the Mortgaged
Property, as defined below, is sold at foreclosure sale, together with any and all other amounts
advanced by Plaintiff during the pendency of this action, together with attorneys' fees and costs
incurred by Plaintiff in connection with this action and the matters at issue therein; and
b.

Foreclosing all right, title, lien and equity of redemption which said Defendant

and all those claiming by, through or under it have or had in the real estate located at 100 Mall
Drive, Steubenville, Jefferson County, Ohio, as more fully described in Exhibit “A” hereto (the
“Mortgaged Property”), together with the personalty, fixtures, furniture and other items and
things pledged as collateral for the loan (the “Loan”) at issue in this action, all as more
specifically and fully identified in the Open-End Mortgage, Assignment of Leases and rents and
Security Agreement and UCC Financing Statements at issue in this action (collectively, with the
Mortgaged Premises, the “Mortgaged Property”), and ordering that the Mortgaged Property be

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Case: 2:16-cv-00419-ALM-TPK Doc #: 7-5 Filed: 06/14/16 Page: 3 of 3 PAGEID #: 419

sold at a public foreclosure sale pursuant to 28 U.S.C. § 2001 et seq. by the United States
Marshal or a receiver appointed by this Court, on such terms and conditions as shall be
advertised.
IT IS SO ORDERED.
BY THE COURT:
/s/ALGENON L. MARBLEY
____________________________________
7/20/16
Dated:__________________

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