United States of America v. Campbell et al

Filing 47

ORDER RE: FORECLOSURE SALE; granting 18 MOTION for Order of Foreclosure Sale and to Vacate filed by United States of America; all pending motions are DENIED as moot; case closed. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.)

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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May 09, 2019

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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA,

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No. 1:18-cv-03062-SAB

Plaintiff,
v.

ORDER RE: FORECLOSURE

ALEX JOSEPH CAMPBELL,

SALE

TAMPICO WELL USERS, and
TAMPICO STORE AND CAFÉ,
Defendants.
A hearing was held in the above-captioned matter on May 7, 2019. Brian
Donovan appeared on behalf of the Government. Traci Clampitt appeared as a nonparty claimant. For the reasons provided in the record, the Court grants the
Government’s Motion for Order of Foreclosure Sale and to Vacate.
Accordingly, IT IS HEREBY ORDERED:
1. The Government’s Motion for Order of Foreclosure Sale and to Vacate,
ECF No. 18, is GRANTED.
2. Craig Thayer, the United States Marshal for the Eastern District of
Washington, you are hereby commanded, in accordance with the Court’s
Judgment and Decree of Foreclosure, ECF No. 15, to sell, as in said
judgment directed, the property situated in Yakima County, Washington,
more particularly described as follows:
a. Lot 1 of Short Plat Recorded in Book 82 of Short Plats, Page 41, as
recorded under Auditor’s File No. 2642356, Records of Yakima

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ORDER RE: FORECLOSURE SALE ^ 1

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County, Washington. Situated in Yakima County, State of
Washington. Accessor’s Parcel Numbers: 161217-22401.
b. The personal property described and perfected under the above
security agreement is as follows:
i. Oliver 1600 Tractor, S/N 130322-607 9433
ii. New Holland 425 Baler, S/N 503847
iii. John Deere BA Grain Drill, S/N 60090
iv. Hesston 6650 Swather, S/N 665-1251
v. Ford 3000 Tractor, S/N C461309
vi. Massey Ferguson M-25 Hay Rake S/N 0006150
vii. International 3BTM Plow
viii. Powder River Calf Squeeze Chute, 2011
ix. Pasture Harross (4 Count) 5’
x. International 10’ Disc
xi. Turnbow 16’ Stock Trailer, S/N D535TUD
xii. GMC Truck 2500, 1983, S/N 1GTCK24J3DF711833
(hereinafter collectively the “Real Property” or “Property”).
3. You are commanded to provide notice of this Order to Defendant, and
any other resident of the Property by hand delivery or by leaving it in a
prominent location on the Property. You are further commanded to make
return hereon, with your doing thereon indicated, within sixty (60) days
after this date.
4. The terms of the Order of Sale shall be as follows:
a. The United States Marshal for the Eastern District of Washington
or his representative will be authorized and directed under 28
U.S.C. §§ 2001 and 2002 to offer for public sale and to sell the
Property.

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ORDER RE: FORECLOSURE SALE ^ 2

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b. The Marshal or his representative is authorized to have free access
to the Property and to take all actions necessary to preserve the
Property, including, but not limited to, retaining a locksmith or
other person to change or install locks or other security devices on
any part of the Property, until the deed to the Property is delivered
to the ultimate purchaser.
c. The sale of the real property or personal property shall be free and
clear any right, title, or interest in Defendants Campbell, Tampico
Well Users, and Tampico Store & Café, and any other party or
claimant, except to the extent that Defendant have a right of
redemption under Wash. Rev. Code § 6.23 or excess funds under
Wash. Rev. Code § 6.21. The redemption period shall be 12
months.
d. The sale shall be subject to building lines, if established; all laws,
ordinances, and governmental regulations (including building and
zoning ordinances) affecting the real and personal property; and
easements and restrictions of record, if any.
e. The Sale shall be held at the courthouse of the county in which the
real property is located, on the real property’s premises, or at any
other place in accordance with the provisions of 28 U.S.C. §§ 2001
and 2002, and shall be announced in the Notice of Sale.
f. The date and time for sale are to be announced by the United
States Marshal, or his/her representative, in the Notice of Sale.
g. The Notice of Sale shall be published once a week for at least four
(4) consecutive weeks before the sale in at least one newspaper
regularly issued and of general circulation in Yakima County, and,
at the discretion of the Marshal or his/her representative, by any

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other notice deemed appropriate. The notice shall contain a
description of the real property and personal property; the time,
date, and location of the sale as determined by the United States
Marshal or his/her representative; the minimum bid as determined
by the Unites States; and the terms and conditions of sale listed in
subparagraphs i-o below.
h. The minimum bid for the Real Property will be set by the United
States. If the minimum bid is not met or exceeded, the Marshal or
his/her representative, with concurrence of the United States, may
without further permission of this Court, and under the terms and
conditions in this order of sale, hold a new public sale, if
necessary, and reduce the minimum bid as set by the United States,
or sell to the highest bidder.
i. The successful bidder for the real property shall be required to
deposit at the time of the sale with the Marshal, or his/her
representative, a minimum of ten percent (10%) of the bid, with
the deposit to be made by certified or cashier’s check payable to
the United States District Court for the Eastern District of
Washington, or cash. Before being permitted to bid at the sale,
bidders shall display to the Marshal, or his/her representative,
proof that they are able to comply with this requirement. No bids
will be received from any person(s) who have not presented proof
that, if they are the successful bidder(s), they can make the deposit
required by this order of sale.
j. The balance of the purchase price for the real property is to be paid
to the United States Marshal within twenty (20) days after the date
the bid is accepted, by a certified or cashier’s check payable to the

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United States District Court for the Eastern District of Washington.
If the bidder fails to fulfill this requirement, the deposit shall be
forfeited and shall be applied to cover the expenses of the sale,
including commissions due under 28 U.S.C. § 1921(c), with any
amount remaining to be applied to the Judgment at issue herein.
The real property shall again be offered for sale under the terms
and conditions of this order of sale, or, in the alternative, sold to
the second highest bidder if consented to by the United States.
k. The sale of the real property shall be subject to confirmation by
this Court. The Marshal shall file a report of sale with the Court,
together with a proposed order of confirmation of sale and
proposed deed, within thirty (30) days from the date of receipt of
the balance of the purchase price.
l. On confirmation of the sale, the Marshal shall execute and deliver
a deed of judicial sale conveying the real property to the purchaser.
m. On confirmation of the sale, all interests in, liens against, or claims
to, the real property and appurtenances that are held or asserted by
all parties to this action are discharged and extinguished, except to
the extent that such Defendant has rights of redemption under
RCW § 6.23.
n. On confirmation of the sale, the recorder of deeds, Yakima
County, Washington, shall cause transfer of the real property and
appurtenances to be reflected upon that county’s register of title.
o. The sale shall be “as is” without warranty of any kind.
5. Order to Vacate Property:
a. Until the real property and personal property is sold, all
Defendants shall take all reasonable steps necessary to preserve the

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real and personal property (including all buildings, improvements,
fixtures and appurtenances on the real property) in their current
condition including, without limitations, maintaining a fire and
casualty insurance policy. They shall neither commit waste against
the real property nor cause nor permit anyone else to do so. They
shall neither do anything that tends to reduce the value or
marketability of the real or personal property nor cause nor permit
anyone else to do so. They shall not record any instruments,
publish any notice, or take any other action (such as running
newspaper advertisements or posting signs) that may directly or
indirectly tend to adversely affect the value of the real property or
that may tend to deter or discourage potential bidders from
participating in the public auction, nor shall they cause or permit
anyone else to do so.
b. All persons occupying the real property shall leave and vacate
the real property permanently within twenty (20) 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 real property). If any person fails or refuses
to leave and vacate the property by the time specified in this Order,
the United States Marshal’s Office is authorized to take whatever
action it deems appropriate to remove such person from the
premises. Specifically, the United States Marshal (or his/her
designee) is authorized and directed to take all actions necessary to
enter the real property at any time of the day or night and evict and
eject all unauthorized persons located there, including Defendants,
or any other occupants. To accomplish this and to otherwise

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enforce this Order, the United States Marshal (or his/her designee)
shall be authorized to enter the real property and any and all
structures and vehicles located thereon, and to use force as
necessary. When the United States Marshal concludes that all
unauthorized persons have vacated, or been evicted from the
property, he/she shall relinquish possession and custody of the
property to the United States, or more specifically the FSA, or its
designee. No person shall be permitted to return to the property
and/or remain thereon without the express written authorization by
the United States Marshal and/or the FSA, and/or the United States
Department of Justice, or their respective representatives and/or
designees. Unauthorized persons who re-enter the real property
during the time this order is in effect may be ejected by the United
States Marshal without further order of the Court.
c. If any person fails or refuses to remove his or her personal property
from the real property by the time specified herein, the personal
property remaining on the real property thereafter is deemed
forfeited and abandoned, and the United States Marshal’s Office is
authorized to remove it and to dispose of it in any manner it deems
appropriate, including sale, in which case the proceeds of the sale
are to be applied first to the expenses of sale and the balance to be
paid into the Court for further distribution.
6. Distribution of Proceeds:
a. The proceeds arising from sale are to be paid to the Clerk of Court
and applied as far as they shall be sufficient to the following items,
in the order specified:

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i. To the United States for the costs of the sale, including the
costs and commissions of the United States Marshal and any
professional auctioneer if retained and the costs of
advertising, selling, and conveying the property incurred by
the Government.
ii. To the United States to be applied to the Judgment plus all
interest and costs due and owing thereon.
iii. Any balance remaining after the above payments shall be
held by the Clerk’s Registry to be disbursed to whoever may
be lawfully entitled hereto, including Defendant Tampico
Well Users.
7. All pending motions are DENIED as moot.
IT IS SO ORDERED. The District Court Executive is hereby directed to
file this Order and provide copies to counsel. The District Court Executive is also
directed to mail a copy of this Order to Traci Lee Clampitt at 22901 Ahtanum
Road, Yakima, Washington 98903.
DATED this 9th day of May 2019.

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Stanley A. Bastian

United States District Judge

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