United States of America v. Kinsey et al

Filing 28

JUDGMENT AND DECREE OF FORECLOSURE Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA,

)
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Plaintiff,
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v.
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MARK N. KINSEY and JODI M.
)
KINSEY, Husband and Wife;
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WASHINGTON STATE
DEPARTMENT OF SOCIAL AND )
HEALTH SERVICES; and MARIA )
)
TURLEY,
Defendants. )
)

Case No. 1:14-cv-3080-TOR
JUDGMENT AND DECREE
OF FORECLOSURE

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This action came on for hearing before the Court on Plaintiff’s Application for
Judgment and Decree of Foreclosure (ECF No. 26). The issues have been heard and
a decision has been rendered.
IT IS ORDERED, ADJUDGED, AND DECREED as follows:
1.

Plaintiff is awarded judgment against Defendants MARK N. KINSEY

and JODI M. KINSEY in the amount of $423,074.71 ($366,686.71 principal and
$56,388.00 interest accrued through 7/30/2015); and interest accruing thereafter at
the daily rate of $28.4615 to the date of judgment; plus interest from the date of
judgment at the legal rate until paid in full, for costs of suit, including any filing fee
allowed pursuant to 28 U.S.C. § 2412(a)(2) and other proper relief.
2.

The debts upon which this judgment is based is secured and perfected

by the following:
JUDGMENT AND DECREE OF FORECLOSURE - 1

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a.

Auditor’s File No. 7291948, Official Records of Yakima County, Washington;

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b.

c.

a real estate mortgage recorded on May 10, 2004, under Auditor's

File No. 7398960, Official Records of Yakima County, Washington;

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a real estate mortgage recorded May 12, 2003, under Auditor's

File No. 7333555, Official Records of Yakima County, Washington;

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a real estate mortgage recorded September 11, 2002, under

d.

a real estate mortgage recorded July 24, 2006, under Auditor's

File No. 7518823, Official Records of Yakima County, Washington; and

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e.

security agreements perfected by the filing of a financing

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statement on March 18, 2002, as Instrument No. 2002-077-1071-3; a continuation

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statement filed January 12, 2007, as Instrument No 2007-012-1130-3; and an

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additional continuation statement filed September 28, 2011, as Instrument No. 2011-

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271-7710-5, Official Records of Washington State Department of Licensing.

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3.

The foregoing real estate mortgages and security agreements cover the

following described property situated in Yakima County, State of Washington:
a. REAL PROPERTY. See Exhibit A attached hereto and incorporated
herein by reference.
b. PERSONAL PROPERTY. The mortgages contain a security

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agreement covering the following-described farm equipment (except small tools and

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inventory) now owned, and any and all crops, annual and perennial, planted,

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growing or grown or harvested, located in the State of Washington:

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Blade (Ditcher) - Servis E3WM, S/N 21372
Blade - Landpride 6' /3 pt
Blade, Ford 8'
Cultivator - Squash / 8'
3 Ditchers
Loader - JD 158, S/N EO158016803W
JUDGMENT AND DECREE OF FORECLOSURE - 2

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Front Loader - Kubota LA854/L4240/4740/504, S/N B0574
2 Manure Spreaders - NH 130, S/N 200075/200077
Beater - Rinleri T311 A/6'
Rotovator - Northwest 6'
Tractor, MF 240, S/N P36322
Tractor, MF 240, S/N P36355
Tractor, Ford NH 5640 - 1996
Tractor, JD 2240, S/N 267434L
Tractor, Ford 8N, S/N 4024-J28
Tractor, Farmall 100, S/N 1107093-6D11
Tractor, JD 2510, S/N 067406T
Tractor (cab) - Kubota L4240 HSTC01 4 wd, S/N 50759
Tractor (w/foldable RO) - Kubota L3400DT 1F 4wd, S/N 80487
Tractor (w/foldable RO) - Kubota L280DT 1F 4wd, S/N 80489
Tractor (cab) - Kubota L5240 HSTC-1 4wd, S/N 50448
Rodweeder - Asparagus
Weeder (Finger) - 5 row
1972 Ford F600 Truck, VIN #F61DVN60361
1973 Ford F600 Truck, VIN #F60KCR12741
1975 Ford F600 Truck, VIN #F61DVV82206
1978 Chevrolet C60 Truck, VIN #CCE628V151477
1952 Chevrolet 6400 Truck, VIN #KEA765459
1951 Chevrolet 6600 Truck, VIN #JEA466519
1950 Chevrolet 2-ton Truck, VIN #HAC1105438

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4.

The interests of all Defendants are inferior to the interest of Plaintiff.

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5.

The real estate mortgages and security agreements, which constitute

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first and prior liens upon the property and farm equipment described above, are

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hereby foreclosed. Defendants MARK N. KINSEY and JODI M. KINSEY and all

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persons claiming by, through or under them are forever barred and foreclosed from

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asserting any right, title, or interest in and to said property, except for the statutory

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rights of redemption provided by law. The property is hereby ordered sold in the

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JUDGMENT AND DECREE OF FORECLOSURE - 3

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manner provided by law with the proceeds of such sale to be applied to the expenses

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thereof, and then in satisfaction of the sums adjudged to be due Plaintiff herein.

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6.

bids at the sale, it is entitled to credit bid all or part of its judgment at such sale.

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Any party to this suit may become a purchaser at such sale. If Plaintiff

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Plaintiff shall not have a deficiency judgment in the event the sum

received from the sale is insufficient to pay the judgment in full.
//
DATED August 12, 2015.

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THOMAS O. RICE
United States District Judge

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JUDGMENT AND DECREE OF FORECLOSURE - 4

EXHIBIT A

BORROWER:

MARK N. KINSEY AND JODI M. KINSEY

LEGAL DESCRIPTION: Parcel #1: Lot 2 of SHORT PLAT No. 81-35, recorded under
Auditor's File Number 2612383, records of Yakima County, Washington, TOGETHER
WITH all appurtenances thereunto belonging, and subject to water, water rights and
matters pertaining thereto, easements, restrictions, reservations and rights of way
appearing in the chain of title, AND FURTHER SUBJECT TO that certain Oil and Gas
Lease and the terms and conditions thereof, executed by Fredrick R. Merz and
Lellavene Merz, husband and wife as Lessor, and Wm. James Stark as Lessee, for a
term of 10 years, dated February 4, 1982 and recorded March 16, 1ga2 in Volume 1og6
of Official Records under Auditor's File Number 2642120.
Assessor's Parcel #: 221023-12404

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PARCEL #2-B: The South 1707 feet of the West half of the Southwest quarter of
Section 18, Township 10 North, Range 22 East, W.M.;
EXCEPT the West 25 feet thereof for county road right of way;
EXCEPT beginning at the Southeast comer of said subdivision; thence West 2g1.s
feet; thence North 14' 00" East 301 feet; thence North 26' 30" East 500 feet; thence
South 738 feet to beginning;
AND EXCEPT that portion thereof described as follows:

rARM S£RUIC£ AGENCY

111111111m
MTG S39.&s

7518823

Page:

7 of

e

S7124128SS 12:51P
Yakima Co, IJfl

EXHIBIT A - 5

EXHIBIT A

Beginning at the Sou1hwest comer of said subdivision; thence North oo 00' 00" East
(reference bearing) along the West line of said subdivision 345.00 feet; thence South
87° 42' 40" East 382.52 feet; thence South ago 55' 35" East 374.62 feet; thence South
22° 32' 00" West 353.20 feet to the South line of said subdivision; thence South ago 43'
22" West 621.49 feet to the point of beginning;
SUBJECT TO road right of way along the South side thereof;
SUBJECT ·TO and together with all easements, rights of way, restrictions and
obligations of record.
SUBJECT TO easements, rights of way, reservations and restrictive covenants
appearing in the chain of title or otherwise apparent, laws, contracts and proceedings
relative to water, water rights and drainage, and to taxes, assessments and charges
falling due against the premises subsequent to the date hereof, and further subject to
pending litigation for the determination of rights to use surface waters of the Yakima
River Drainage Basin.
Assessor's Parcel #: 221018-33002
LEGAL DESCRIPTION: PARCEL #3: Lot 1 of Short Plat filed in Book 92 of Short
Plats, page 56, under Auditor's File Number 2964359, records of Yakima County,
Washington.
Assessor's Parcel#: 221015-12401

Subject to all valid outsta!'lding easements, rights-of-way, mineral leases, mineral
reservations, and mineral conveyances of record.
Fixtures include all irrigation equipment, now owned and used, in whole or in part, to
irrigate the mortgaged property, together with all similar goods which may be acquired
at any time, any additions, replacements, substitutions and accessions. The irrigation
system includes, but is not limited to, the following items:

7519923
8 or 8
8712412&96 12:51P
Vakilla Co~ lolA
P~ge:

rARM S£RVJC£ AGEHCY

MT6

~9.00

EXHIBIT A - 6