United States of America v. Maas, Bryan et al

Filing 25

JUDGMENT OF FORECLOSURE AND SALE. Signed by District Judge Barbara B. Crabb on 9/28/2016. (kwf)

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

UNITED STATES OF AMERICA,
Plaintiff,
Case No. 16-cv-428-bbc

V.

BRYAN M. MAAS, and
BARRY HAGER, CUMBERLAND
FAMILY DENTAL, S.C., KRINGLES
CUSTOM COMBINING, LLC,
LAKELAND COOPERATIVE,
TRACTOR CENTRAL, LLC,
Defendants.

JUDGMENT OF FORECLOSURE AND SALE

Defendants, Bryan M. Maas, Barry Hager, Cumberland Family

Kringles Custom Co mbining, LLC, Lakelan d Cooperative,
having failed

Dental, S.C.,

and Tr acto r Cenh"al, LLC,

to appear, ple a d or otherwise defend in thi s action, and default having
,

been entered on

August 26, 2016, and counsel for Plaintiff United States of A1nerica

having requested judgment

against the defaulte d

Defendants

an d having filed a proper

motion and declarations in accordance with Fed. R. Civ. P. SS(a) and (b);
Judgment is hereby entered in favor of Pl aintiff and against D efend ants as
follows:
Real Estate
1.

There

is now due and owing to Plaintiff as of and including September 28,

2016, the following sum: See Attac hment A.

2.

Plaintiff is entitled to Judgment of Foreclosure and Sale in the usual form

on the mortgaged premises, located in Barron County, \Visconsin, and described more
specifically as:

The Southwest Quarter of the Southeast Quarter of Section 36,
Township 35 North, Range 13 West (in the Town of Cmnberland)
Barron C0tmty, \i\Tisconsin, except Lot 1 of Certified Survey Map
No. 5830, Volume 39, Page 90.
3.

The mortgaged premises shall be sold as a whole at public auction in the

County of Barron, State of Wisconsin, by or under the direction of the United States
Marshal for the Western District of Wisconsin.
4.

The Defendants, their heirs, successors and assigns, and all persons

claiming under them or either of them after the filing of notice of the pendency of this
action, be forever barred and foreclosed of all right, title, interest, and equity of
redemption in

5.

said mortgaged premises.

In

a)

case of sale pursuant hereto:
the United States Marshal shall give public notice of the time and

place of the sale as required by law, and that notice of the sale be published in
Barron Nevvs-Shield, a newspaper published in the City of Barron, Barron
County, Wisconsin;
b)

the United

States Marshal shall allow any of the parties to this

action to purc hase at the sale the above-described premises;
c)

the United States Marshal shall file with the Clerk of this Court his

report of the sale, and shall also immediately after the sale deposit the pro ceeds

2

thereof, after deducting the costs and expenses of the sale unless otherwise
ordered by

d)

the Court;
the United States Marshal may accept from the purc haser at such

sale, as a deposit or down p ay ment upon the same, not less than ten percent
(10%) of the purchase price, in which case such amount shall he deposited as
above pr ovi ded and the balance of the sale price shall be paid to the United
,

States

Marsha ls Service by the purchaser at the sale, within thirty (30) days of
'

the date of sale, e:\cept that if Plaintiff is the successful bidder at the sale, the
United States Marshal may take the receipt of Plaintiff in lieu of cash payment;
the United Marshal, upon c ompliance on the part of the purchaser

e)

with the terms of the sale as required by law, and upon confirmation of the sale
by the Court, shall make and execute to the purchaser a deed to the premises so
sold, as ab ove described, stating the price paid therefor;
f)

the

United States Marshal shall deliver the deed to the purchaser,

upon compliance by the purchaser with the terms of the sale, and the payment
by him of

any balance of the sale price to be paid, and upon confirmation of the

sale by the Court;
g)

the United States Marshal shall thereupon pay from the proceeds of

the sale all claims superior to Plaintiff
Plaintiff,

as

determined by the Court, and to

the am ount of said judgment, toge ther with interest from the date of

judgment on all of said sums, as set forth in 28U.S.C.§1961(a), from the d ate

3

hereof, or so much thereof as the monies derived from the sale of the premises
will pay the same, and take receipts therefor; and
h)

the surplus money, if

any, shall be subj ect to the further order of

the Court.
6.
the

If the proceeds of such sale be insufficient to pay the

a mounts

aforesaid,

United States Marshal shall specify the amount of the deficiency in his report of sale.

Defic iency j udgment is not being soug h t

7.

hereh1

.

Upon confirm ation of sale of the mortga ged p remise s :

a)

the purchaser or

assigns be let into
,

possession of the premises sold, upon production of the

Marshal's deed thereto

b)

purchasers, or his or theh' heirs, representatives or

or duly authenticated copy thereof;

any of the parties to this action who may be in possession of the

premises, and every other person who since the filing of notice of
of this action has come into possession of the same or any

the pendency

part thereof under

them or either of them shall deliver to such grantee or grantees named in the

d eed possession of the mortgaged premises, and
c)

a

·writ of a ssista nc e

shall issue if necessary to secure such

possession.
8.

Pl aintiff may pay any taxes or insurance premiums on the mortga ged

premises novv due or which shall hereafter become due
a

lien on the premises for

before the sale thereof and have

the amount so paid with interest as set forth in 28 U.S.C. §

1961(a); and that in the event

any suc h p a yments are made, Plaintiff may obtain an

4

order at the foot of this judgment directing that the amounts so paid, with interest, be
likewise pai d from the proceeds of the sale or redemp tion of the mortgaged premises.

9.

Defendants and all persons cl aiming under them be and they are hereby

enjoined from conm1itting waste upon the mortgaged pre mises and from doing any
other act tha t may impair

the value of the same.
Chattel

10.

There is now due and owing to Plaintiff as of and inc luding September 28,

2016, the following smns: See Atta chment A.
11.
which the
12.

Plaintiff is entitled to inm1ediate

poss ession of the items of security on

Farm Service Agency has a first security interest, as set forth in Attachment B.
Plaintiff may exercise its right to have execution issued and re quire the

United St ates Marshal to take possession of the items of security listed in At taclunent

B,

and deliver the items of secm·ity to Plaintiff, and a writ of execution shall issue if
necessary to secure su ch possession.

13.

These items of security, described in

individually or as a whole at pu bli c sale or
United States Marshal
14.

or

the

Attachment B, may be sold

priva te sale by or under the direc tion of the

Fann Service Agency.

If these items of se cu ri y described in Attachment
t

,

B, are sold, the United

States shall deposit the p roceeds thereof, after de duc ting the costs and expenses of the
sale, and unless otherwise orde re d by the Court, the United States shall thereupon pay

from the proceeds of the sale all claims superior to Plaintiff as determined by the Court
and

to P lainti ff the sums set forth in Att achment A, the an1ount of the judgment,

5

toge ther with interest on all smns at the rate set forth in 28 U.S.C.

§ 1961(a) fro m the

date of t he Judgment, or so much th er eof as the monies derived from the sale of the
items of sec uri ty will pay, and take receipts therefor; that the surpl us money, if any,

shall be su bj ect to further order of the Court.
15.

If the pro ceeds from the sale of the items of security, to geth er with th e

p roc eeds from the sale of the real estate, are insufficient to pay the amounts set forth
above, then the Uni ted States may report the amount of the d eficiency to the Court.

Deficiency jud gment is not being sou gh t in this action.
16.

Defendants and each of them, their heirs, successors and assigns; and all

persons claiming u n d e r them or either of them , be forever barred and foreclosed of all
right, title, interest, and equity of redemption in said mort g aged col lateral .

17.

Defendants and all persons claiming under them or either of them, are

hereby enjoined from doing any act that may impair the value of the mo rt ga ge d
col l ateral.

Dated this

��day of4'1 "f'� l.."1t.,2016.
BY THE COURT:

1?J. a....

IL-----c

a..

jB. &.. lfL.-L. .L. ...

BARBARA B. CRABB

United States Dish·ict Judge
Western District of Wisconsin

6

Entered at Madison, Wisconsin, this

�day �
of

, 2016.

1i-f-.kl- {j�
PETER OPPENEER
Clerk of Court
United States Dish·ict Court

7

United States

v.

Bryan .M. M111s, et al.

Case No. 16-cv-428-bbc

ATTACHMENT A .

Notes and

Mortgages

a.

Pril�cipal as of September 28, 2016

$

65,451.05

b.

Interest as of September 28, 2016

$

8,337.14

Total as of Sep tember 28, 2016

$ 73,788.19

Costs and Disbursements
c.

Fili11g of Notice of Lis Pendens
Total Costs

& Disbursements

TOTAL AS OF SEPTEMBER 28, 2016

$

35.00

$

35.00

$ 73,823.19

ATTACHMENT
UNITED STATES OF AMERICA

B

V. BRYANM. MAAS, et al.

Case Number 16-cv-428-bbc
LIST OF ITEMS OF SECURITY
A. All crops, ammal and pere1mial, and other plant or farm products now planted ,

grmvin g or grown, or harvested or which •vere planted by Bryan M. Maas in
Barron Coun ty, \Visconsin, after the Security Agreement was dated on January 1,
2009, or othervvise bec ome growin g or harvested crops or other plant products

(1) vvithin the one-year period or any longer period of years permissible under
State law, or (2) at any time after the Se cm ity Agreement was d ated on J an ua ry 1,
2009, if n o fixed maximum peri od is pre sc ribed by State law, inclu ding crops and
plant products now planted, to be planted or harvested by Bryan M. Maas in
Barron County, Wisconsin.
B. All farm and other equip ment (except small tools and small equipment such as
hand tools,

power lawn 1novvers and other items of like type tmless described

below) , and inventory, novv owned or hereafter acquired by Defendant Bry an M.
Maas, to ge ther \Vith all r ep lac e men ts, substitutions, additions, and accessions
thereto, includ ing but
ITEM

not limited to the follo\.\in g:

DESCRIPTION

MANUFACTURER

NO.

SIZE

SERIAL OR

AND

QTY

MODEL NO.

TYPE
1

1

Tractor

J ohn Deere

2750

6908 49

2

1

Tractor

IH

450

6611

3

1

S k idsteer

Case

40XT

JAF0389544

4

1

Grain Drill

John Deere

8Foot

5

1

Cultipacker

Western

8 Foot

6

1

Hay Tedder

H&S

7Foot

2147
611981

7

1

Hay Rake

John Deere

660

8

1

Plow

IH

540 4x16

9

2

Gravity Box

Bradford/Fann and

16 0 BU

Fleet
IH

10

1

Field Cultivator

11

1

Elevator

Kewaunee

52'

102013

12

1

820

976071

13

1

Haybine
H&S 20' Feeder

Jolm Deere

H&S

20'

49927

14

1

H&S

20'

604618

Wagon
F eeder Wagon

1

15

Cattle Trailer

16

1

Cultivator

17

1

Corn

C. All li vestoc k

Picker

(except livestock

H&S

12

IH

4 Row

New Idea

2Row

and poul try k ept primarily for

purposes) , fish, bees, birds, fo rbearin g animals,

subsistence

other animals produced or

used

for commercial purposes, other farm products, and s upplies, now owned or

hereafter

ac quir

ed by Defendant Bryan M. Maas, to get her with all inc rea ses,

replacements, substitutions, and additions thereto, including but not limited to
the following:
QTY

ITEM NO.

DESCRIPTION

1

10
6

COLOR

Dairy Cattle -

2

BREED

Dairy Cattle -

Calves - Heifers
Brdg. - Heifers
-Open-Long
Yearling
3

20

Cattle - Brdg. -

Hol s tein

4

12

Dairy Cattle

Black and
White

Cows

-

Holstein

Black and

White

Brdg. - Heifers
-Open
5

12

D airy Cat tle Brdg. -Heif

2

Holstein

Black and
White