United States of America v. Big Crow et al

Filing 35

ORDER of Default Judgment and Decree of Sale granting 34 Motion for Default Judgment in favor of plaintiff USA and against defendants Farrah M. Big Crow and Robert W. Clifford in the amount of $79,920.34 along with costs Signed by U.S. District Judge Lawrence L. Piersol on 10/31/16. (KMH)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION

UNITED STATES OF AMERICA,

COty
CLERK

CIV. 15-5008-LLP

Plaintiff,
ORDER OF DEFAULT JUDGMENT
AND DECREE OF SALE

V.

FARRAH M. BIG CROW, ROBERT W.

CLIFFORD; and THE OGLALA SIOUX
TRIBE,
Defendants.

This matter having come before the Court on Plaintiff's Motion for

Default Judgment and Decree of Sale (Docket 34) against the Borrowers

pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, and the Court
having considered the pleadings filed in this action, and having concluded that
no genuine issue exists as to any material facts, the Court now therefore enters
this Judgment of Foreclosure and Decree of Sale. Accordingly, it is
ORDERED, ADJUDGED, AND DECREED that Plaintiff shall have
Judgment as follows:
Jn d gm ent Against Borrowers

1.

Plaintiff shall have and recover judgment against Defendants

Farrah M. Big Crow and Robert W. Clifford ("Borrowers") for the principal sum
of $79,920.34, together with interest as provided by law, plus any additional
sums advanced in relation to this action.

Dated this _M^day of

^ 2016.
BY THE COURT:

iwrence L. Piersol

United States District Judge
ATTEST:

JOSEPH HAAS,»CLERK
BY:

eputy

Interest will eontinue to aeerue at the legal rate after judgment until paid
pursuant to 28 U.S.C. § 1961(a).
Judgment of Foreclosure

2.

Plaintiff shall have and recover judgment of foreclosure upon the

leasehold interest described as:

LOT 15, BLOCK 30, LOCATED WITHIN THE SWl/4 SEl/4 NEl/4

SWl/4, SEl/4 SWl/4 NEl/4 SWl/4, Wl/2 NESESWl/4, El/4
NWl/4 SEl/4 SWl/4, SECTION 7, T35N., R44W., 6TH PM, SD,
CONTAINING 7.66 ACRES, MORE OR LESS.

All of Borrowers'right, title, and interest in and to a lease agreement
for an original term of 25 years, automatically extended for an
additional term of 25 years, dated December 21, 1999, between the

Oglala Sioux Tribe as lessor and owner, and Farrah Big Crow and
Robert Clifford, Sr., as lessees, including any extensions and
renewals thereof.

3.

Judgment against the leasehold interest shall be in the amount of

$79,920.34 in principal, together with interest as provided by law, plus any
additional sums advanced, costs incurred and accruing in relation to this action.
The interest of Borrowers and all persons or entities that hold junior liens,
encumbrances, and interests in such property shall be foreclosed.
Interest will eontinue to accrue at the legal rate after judgment until paid,
pursuant to 28 U.S.C. § 1961(a).

4.

The liens, eneumbranees, interests and/or claims of all defendants

in the real property described herein are junior to and inferior to the mortgage
of Plaintiff.

Decree of Sale as to the Leasehold Interest in the Real Property

5.

The leasehold interest in real property legally described as follows:

LOT 15, BLOCK 30, LOCATED WITHIN THE SWl/4 SEl/4 NEl/4

SWl/4, SEl/4 SWl/4 NEl/4 SWl/4, Wl/2 NESESWl/4, El/4
NWl/4 SEl/4 SWl/4, SECTION 7, T35N., R44W., 6TH PM, SD,
CONTAINING 7.66 ACRES, MORE OR LESS.

All of Borrowers'right, title, and interest in and to a lease agreement
for an original term of 25 years, automatically extended for an
additional term of 25 years, dated December 21, 1999, between the

Oglala Sioux Tribe as lessor and owner, and Farrah Big Crow and
Robert Clifford, Sr., as lessees, including any extensions and
renewals thereof.

shall be sold at auction only to a member of the Oglala Sioux Tribe, the Oglala
Sioux Tribe itself, or the Oglala Sioux Tribal Housing Authority, with the net

proceeds applied to the judgment herein pursuant to regulation. Plaintiff shall
be allowed to bid the debt due on the date of sale, with costs and disbursements

taxed in the action in which the sale is made, and costs and expenses of the sale.

6.

Excluding any senior lienholders, the following persons and entities

shall be barred and foreclosed of, and from, all rights, title and interest in said

property: (a) all defendants, together with each and every person or entity
claiming under them; (b) all persons claiming any lien or encumbrance of any
kind or character upon, or against, the real estate, that is subsequent in time or

priority, or both, to the lien created by Plaintiffs leasehold mortgage; and (c) any
and all persons claiming to have acquired any right, title, or interest in, and to
the real property.

7.

A decree of sale is entered and, after advertising the property for sale

in the manner required by law, the United States Marshal is directed to sell the
herein described leasehold interest in real estate in the manner provided by law.

Immediately after the Court issues an Order Confirming Sale, the United States

Marshal shall forthwith execute and deliver a Marshal's Deed to the purchaser(s)
subject to the Borrowers' right of redemption provided by the mortgage and by

SDCL 21-49-12, also known as the "One-Hundred Eighty Day Redemption
Mortgage Act."

8.

Borrowers are hereby ordered to peacefully cooperate with the

United States Marshal and any persons acting in concert with the Marshal
during the course of the sale process, and shall peacefully deliver possession of
the premises sold to the buyer upon the expiration or purchase of their right to
redemption.
9.

The proceeds from the sale of the real estate shall be applied as

follows:

(a) To the eosts and expenses of the sale;
(b) To the payment of the costs and disbursements taxed in this action;
(c) In order or priority, toward the discharge of the debt adjudged by the
Court to be due;

(d) To pay the surplus, if any, into the Court for the use of the Defendant,
or the person entitled to the surplus, subject to the order of the Court.
10.

Plaintiff, United States of America, shall be entitled to recover all

taxable costs herein in the amount of $
Clerk of the Court as provided by law.

, which are to be taxed by the