United States of America v. 2731 Boylston Avenue East, Unit 301, Seattle, Washington et al

Filing 36

ORDER by Judge Robert S. Lasnik. This Settlement Agreement regarding the defendant real property located at 2731 Boylston Avenue East, Unit 301, Seattle, Washington, King County Parcel No. 638980-0050, is hereby approved under the terms and conditions set forth in the foregoing agreement. (AD)

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The Honorable Robert S. Lasnik

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,

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Plaintiff

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v.
REAL PROPERTY LOCATED AT
2731 BOYLSTON AVENUE EAST, UNIT
301, SEATTLE, WASHINGTON, KING
COUNTY PARCEL NO. 638980-0050,
TOGETHER WITH ITS BUILDINGS,
IMPROVEMENTS, APPURTENANCES,
FIXTURES, ATTACHMENTS AND
EASEMENTS,

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NO. C15-143 RSL

EXPEDITED SETTLEMENT
AGREEMENT AS TO REAL PROPERTY
LOCATED AT 2731 BOYLSTON
AVENUE EAST, UNIT 301, SEATTLE,
WASHINGTON

Defendant,
and
Entrust Group, Inc. FBO Timothy Macke
Account No. 7230011229,
Claimant.

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IT IS HEREBY STIPULATED by and between the United States of America and
Claimant Entrust Group, Inc. FBO Timothy Macke Account No. 7230011229
(hereinafter “Entrust”), by and through the undersigned counsel, to compromise and
settle its interest in the following real property:
U.S. v. Real Property Located at 2731 Boylston Ave. East # 301 (C15-143 RSL)
SETTLEMENT AGREEMENT - 1

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

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Real property located at 2731 Boylston Avenue East, Unit 301, Seattle,

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Washington, King County Parcel No. 638980-0050, together with its buildings,

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improvements, appurtenances, fixtures, attachments and easements, more

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particularly described as:

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UNIT 301, ONE CONDOMINIUM, SURVEY MAP AND PLANS
RECORDED IN VOLUME 239 OF CONDOMINIUMS, PAGES 84
THROUGH 86, INCLUSIVE, AND AMENDMENTS THERETO, IF
ANY, CONDOMINIUM DECLARATION RECORDED UNDER
RECORDING NUMBER(S) 20070827000493, AND AMENDMENTS
THERETO, IF ANY, IN KING COUNTY, WASHINGTON

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hereinafter referred to as “defendant real property.”
This stipulated settlement is entered into between the parties pursuant to the

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1.

The parties to this Agreement hereby stipulate that Entrust is a bona fide

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purchaser for value of the right, title, or interest in the real property located

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at 2731 Boylston Avenue East, Unit 301.

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2.

The United States agrees and recognizes that the interest of Claimant

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Entrust is secured and arises out of a promissory note in the original

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amount of $358,000 in United States funds secured by a first-position Deed

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of Trust recorded against the above-referenced defendant real property with

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King County Recorder under document number 201409040001143

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(hereinafter sometimes referred to as “Deed”) on September 4, 2014;

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3.

Claimant Entrust warrants that, as of June 15, 2016, the payoff amount for

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this promissory note is $349,122.27 in United States funds which includes

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the following:

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DESCRIPTION
Principal Balance
Interest to 6/15/16
Reconveyance Fees
UCC Release Fees
Misc. Fees & Costs
U.S. v. Real Property Located at 2731 Boylston Ave. East # 301 (C15-143 RSL)
SETTLEMENT AGREEMENT - 2

AMOUNT
$348,315.81
$407.96
$250.00
N/A
$148.50
UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

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Total Payoff effective to 6/15/16
Per Diem Interest from and after June 15, 2016

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4.

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property and further consents to forfeiture of that defendant real property to

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the United States.
5.

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pursuant to the Judgment of Forfeiture, the United States will not contest

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payment to Entrust from the proceeds of sale, after payment of the expenses

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incurred by the U.S. Marshals Service or other property custodian in

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connection with its custody and sale of the real property, the full pay-off

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amount listed above in paragraph 3 plus all interest accrued after such pay-

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off date, at the per diem amount, as set forth above in paragraph 3.
6.

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FBO Timothy Macke Account No. 7230011229 to the real property, and of

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all claims arising from and relating to the seizure, detention, and forfeiture

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of the real property.
7.

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(and any involved state or local law enforcement agencies and their agents,

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servants, or employees), in their individual or official capacities, from any

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and all claims by Claimant Entrust and their agents that currently exist or

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that may arise as a result of the Government’s actions against and relating

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Upon payment, Claimant Entrust agrees to release and hold harmless the
United States, and any agents, servants, and employees of the United States

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The payments to Claimant Entrust shall be in full settlement and
satisfaction of all claims by Entrust Group, Inc. and by Entrust Group, Inc.

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The United States agrees that upon entry of a Judgment of Forfeiture
forfeiting the real property to the United States and sale of the real property

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Pursuant to the terms contained within this stipulated agreement, Claimant
Entrust agrees to withdraw its claims to the above-referenced defendant real

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$349,122.27
$45.329

to the real property.
8.

Claimant Entrust agrees not to pursue against the United States any other
rights that it may have under the Deed, including but not limited to the right

U.S. v. Real Property Located at 2731 Boylston Ave. East # 301 (C15-143 RSL)
SETTLEMENT AGREEMENT - 3

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

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to assess additional interest or penalties except as set forth herein, or the

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right to initiate a non-judicial foreclosure action.

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9.

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Claimant Entrust agrees to join or not oppose any government motions for
interlocutory or stipulated sale of the property.

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10.

Claimant Entrust understands and agrees that by entering into this

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expedited settlement of its interest in the real property, it waives any rights

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to litigate further its interest in the real property and to petition for

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remission or mitigation of the forfeiture. If this Agreement is approved by

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the Court, then unless specifically directed by an order of the Court,

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Claimant Entrust shall be excused and relieved from further participation in

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this action as to the above-described defendant real property.

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11.

The parties agree to execute further documents, to the extent necessary, to

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convey clear title to the real property to the United States and to implement

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further the terms of this settlement.

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12.

Each party agrees to bear its own costs and attorneys’ fees.

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U.S. v. Real Property Located at 2731 Boylston Ave. East # 301 (C15-143 RSL)
SETTLEMENT AGREEMENT - 4

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

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13.

Payment to the Claimant Entrust made pursuant to this settlement

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agreement is contingent upon forfeiture of the real property to the United

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States. Further, the terms of this settlement agreement shall be subject to

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approval by the United States district court. Violation of any terms or

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conditions herein shall be construed as a violation of an order of the court.

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DATED this 30th day of

June

, 2016.

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Respectfully submitted,

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ANNETTE L. HAYES
United States Attorney

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DATED: 6/30/16

s/ Richard E. Cohen
RICHARD E. COHEN
Assistant United States Attorneys
700 Stewart Street, Suite 5220
Seattle, Washington 98101
[phone]; fax [phone]
E-Mail: [e-mail]

DATED: 6/29/16

s/ Lars E. Neste
LARS E. NESTE, WSBA #28781
Attorney for Claimant Entrust Group, Inc. FBO
Timothy Macke Account No. 7230011229
DEMCO Law Firm, P.S.
5224 Wilson Ave. S., Suite 200
Seattle, WA 98118
[phone]; fax [phone]

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U.S. v. Real Property Located at 2731 Boylston Ave. East # 301 (C15-143 RSL)
SETTLEMENT AGREEMENT - 5

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]

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ORDER
This Settlement Agreement regarding the defendant real property located at 2731
Boylston Avenue East, Unit 301, Seattle, Washington, King County Parcel No.
638980-0050, is hereby approved under the terms and conditions set forth in the
foregoing agreement.
DATED this 6th day of July, 2016.

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A
Robert S. Lasnik
United States District Judge 

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U.S. v. Real Property Located at 2731 Boylston Ave. East # 301 (C15-143 RSL)
SETTLEMENT AGREEMENT - 6

UNITED STATES ATTORNEY
700 STEWART STREET, SUITE 5220
SEATTLE, WASHINGTON 98101
[phone]