United States of America v. Meisegeier et al

Filing 25

JUDGMENT of Foreclosure and Sale entered in favor of Plaintiff United States of America against Defendants Larry A. Meisegeier, Emily B. Meisegeier, Wymore Seed and Farm Supply, Marshfield Clinic, David Krumrei, Bonita Perry, Sheldon Co-Op Services, and Herdsman Feeds, Inc. in the amount of $ 126,668.53. (WMC /PAO). (nln),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

UNITED STATES OF AMERICA,
Plaintiff,

v.
LARRY A. MEISEGEIER
N6430Hwy40
Bruce, WI 54819
and
EMILY B. MEISEGEIER
N6430Hwy40
Bruce, WI 54819
WYMORE SEED AND FARM SUPPLY
5925 Anderson Rd.
Glen Flora, WI 53526
MARSHFIELD CLINIC
Brian H. Ewert, MD
Registered Agent
1000N. Oak Avenue
Marshfield, WI 54449
DAVID KRUMREI & BONITA PERRY
1211 Richter St.
Port Charlotte, FL 33952
SHELDON CO-OP SERVICES
W5514 Main Street
Sheldon, WI 54766

Case No. 14-cv-65

HERDSMAN FEEDS, INC.
Gary A. Drinkman
Registered Agent
E1353 State Rd. 64
Boyceville, VVI54725
Defendants.

JUDGMENT OF FORECLOSURE AND SALE

Pursuant to this Court's September 10,2014 Opinion and Order (dkt. #16)
granting Plaintiff's Motion for Default Judgment,
1.

IT IS HEREBY ORDERED that there is now due and owing to Plaintiff as

of and including September 10, 2014, the sum or $126,668.53, as set forth in Attachment
A of the Court's Opinion and Order (dkt. #23-1).
2.

IT IS FURTHER ORDERED that a sale of the Items listed in Attachment

B (dkt. #23-2) to the Court's Opinion and Order shall proceed in the usual form as
provided by and in accordance with the plaintiff's
3.

motion;

IT IS FURTHER ORDERED that defendants

and all their heirs, and all

persons claiming under them, shall be forever barred and foreclosed of all right, title,
interest,
4.

and equity of redem ption in these Items;
IT IS FURTHER ORDERED that defendants

equitable interest in this property, subject to defendants'

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have no further legal or
rights to excess proceeds

and that plaintiff is entitled to immediate

possession of the items of security in which

the FSA has a security interest;
5.

IT IS FURTHER ORDERED that sale of these Items shall be cond ucted by

or under the direction of the United States Marshal for the Western District of
Wisconsin or the Farm Service Agency;
6.

IT IS FURTHER ORDERED that unless otherwise ordered by the Court,

the United States Marshal shall thereupon
amount

of the monetary judgment,

date of judgment
7.

pay fr~m the proceeds of the sale up to the

together with interest

on all said sums from the

at the rate set forth in 28 U.s.C. S 1961(a);

IT IS FURTHER ORDERED that if there is surplus from the proceeding of

this sale, it shall be deposited with the Clerk of Court and subject to further court
order;
8.

IT IS FURTHER ORDERED that defendants

and all persons claiming

under them are enjoined from doing any act that may impair the value of the
collateral;
9.
County

IT IS FURTHER ORDERED that the mortgaged Real Estate located in the
of Rusk, State of Wisconsin, and described in Attachment

C (dkt. #23-3) to

the Court's Opinion and Order be sold as a whole at public auction in the County

of

Rusk, State of Wisconsin, by or under the direction of the United States Marshal for
the Western
10.

District of Wisconsin;
IT IS FURTHER ORDERED that the United States Marshal shall give

public notice of the time and place of the auction in the manner
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provided by law, that

.

'

publication

of the notice be made in The Ladysmith News, a newspaper published in

the City of Ladysmith, County

of Rusk, State of Wisconsin; that the Marshal shall

allow either or any of the parties to this action to purchase at such sale the abovedescribed premises; the Marshal shall file with the Clerk of this Court his report of sale;
and shall also immediately

after deposit the proceeds of sale, after deducting

the costs

and expenses of th e sale unless otherwise ordered by the Court; said U ni te d States
Marshal may accept from the purchaser

at such sale, as a deposit or down payment,

,not less than ten percent ( 10%) of the purchase price, in which case such amount shall
be so deposited as provided above, and the balance of the sale price shall be paid to
the United States Marshals'

Service by the purchaser at the sale, upon confirmation

thereof, except that if Plaintiff be the successful bidder at such sale, the United States,
Marshal may take the receipt of Plaintiff in lieu of a cash payment; the Marshal, upon
compliance on the part of the purchaser with the terms of sale as required by law, shall
make and execute to purchaser a deed to the premises so sold, as above described,
stating the price paid; the United States Marshal shall deliver the deed to the
purchaser, upon compliance by purchaser

with the terms of sale, and the payment

by

him of any balance of the sale price to be paid; the United States Marshal shall then
pay from the proceeds of the sale all claims superior to Plaintiff as determined
court and to plaintiff the amount

of judgment, together with interest

by the

from the date of

judgment at the rate set forth in 28 U.S.C. S 1961(a), or so much thereof as the monies
derived from the sale will pay, and take receipts therefore; and the surplus money, if
any, shall be subject to the further order;
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11.

IT IS FURTHER ORDERED that upon confirmation

mortgaged premises, the purchaser or purchasers,

of sale of the

or his or their heirs, representatives

or assigns, shall be let into possession of the Real Estate sold, upon production
Marshals'

deed thereto or duly authenticated

of the

copy thereof; each and every one of

the parties to this action who may be in possession of the Real Estate, and every other
person who since the filing of notice of the pendency of this action has come into
possession of the Real Estate or any part thereof under them shall deliver to such
grantee or grantees named in such deed possession of the mortgaged Real Estate, and a
writ of assistance issue if necessary to secure possession;
12.

IT IS FURTHER ORDERED that the defendants

and each of them, their

heirs, successors and assigns, and all persons claiming under them or either of them
after the filing of notice of the pendency
foreclosed of all right, title, interest

of this actio~, be forever barred and

and equity of redemption

in said mortgaged Real

Estate;
13.

IT IS FURTHER ORDERED that plaintiff may pay any taxes or insurance

premiums on the mortgaged Real Estate now due, or which shall hereafter become due
before the sale, and have a lien on said premises for the amount

so paid with interest

from the date of judgment at the rate set forth in 28 U.S.C. S 1961(a); and in the event
any such.payments are made, plaintiff may obtain an order at the foot of this judgment
directing that the amounts
of the sale or redemption

so paid, with interest, be likewise paid from the proceeds
of the mortgaged Real Estate; and

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14.

IT IS FURTHER ORDERED that the defendants

under them are enjoined from committing
and doing any other act th a t may impair
Dated this3t>~ay

and all persons claiming

waste upon said mortgaged

Real Estate

the value of the same.

of September, 2014
BY THE COURT:

Entered at Madison, Wisconsin, this

U day of ~~2014.

1irMO~

PETER OPPENE R
Cler k of Court
United States District Court
Western District of Wisconsin

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