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U.S. Bank Trust, N.A. v. Grindle, 2:19-cv-00136-DBH. (2019)

Court: District Court, D. Maine Number: infdco20190716c08 Visitors: 12
Filed: Jul. 12, 2019
Latest Update: Jul. 12, 2019
Summary: AMENDED CONSENT JUDGMENT OF FORECLOSURE AND SALE D. BROCK HORNBY , District Judge . Now comes the Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF10 Master Participation Trust, and the Defendants, Tammy E. Grindle and Blaine Grindle, and Party-In-Interest, Penobscot Bay Medical Center, and hereby submits this Consent Judgment of Foreclosure and Sale. Count II — Breach of Note, Count III — Breach of Contract, Money Had and Received, Count IV — Quantum Meruit, and Count V — Unjust Enrich
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AMENDED CONSENT JUDGMENT OF FORECLOSURE AND SALE

Now comes the Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF10 Master Participation Trust, and the Defendants, Tammy E. Grindle and Blaine Grindle, and Party-In-Interest, Penobscot Bay Medical Center, and hereby submits this Consent Judgment of Foreclosure and Sale.

Count II — Breach of Note, Count III — Breach of Contract, Money Had and Received, Count IV — Quantum Meruit, and Count V — Unjust Enrichment, are hereby DISMISSED without prejudice at the request of the Plaintiff. JUDGMENT on Count I — Foreclosure, is hereby ENTERED as follows:

1. If the Defendants or their heirs or assigns pay U.S. Bank Trust, N.A., as Trustee for LSF10 Master Participation Trust ("U.S. Bank") the amount adjudged due and owing ($258,648.75) within 90 days of the date of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, U.S. Bank shall forthwith discharge the Mortgage and file a dismissal of this action on the ECF Docket. The following is a breakdown of the amount due and owing:

Description Amount Unpaid Principal Balance $182,265.79 Escrow Balance: $32,218.55 Total Interest: $29,018.34 Deferred Principal: $14,209.87 Late Charges: $936.20 Grand Total $258,648.75

2. If the Defendants or their heirs or assigns do not pay U.S. Bank the amount adjudged due and owing ($258,648.75) within 90 days of the Judgment, as that time period is calculated in accordance with 14 M.R.S.A. § 6322, their remaining rights to possession of the Appleton Property shall terminate, U.S. Bank shall conduct a public sale of the Appleton Property in accordance with 14 M.R.S.A. § 6323, disbursing the proceeds first to itself in the amount of $258,648.75 after deducting the expenses of the sale, with any surplus to be disbursed pursuant to Paragraph 5 of this Judgment, and in accordance with 14 M.R.S.A. § 6324.

3. Pursuant to 14 M.R.S.A. § 2401(3)(F), the Clerk shall sign a certification after the appeal period has expired, certifying that the applicable period has expired without action or that the final judgment has been entered following appeal.

4. The amount due and owing is $258,648.75.

5. The priority of interests is as follows:

a) U.S. Bank Trust, N.A., as Trustee for LSF10 Master Participation Trust has first priority, in the amount of $258,648.75, pursuant to the subject Note and Mortgage. b) Penobscot Bay Medical Center has the second priority behind the Plaintiff pursuant to a Writ of Execution dated November 7, 2013, in the amount of $1,800.07, and recorded in the Knox County Registry of Deeds in Book 4746, page 248. c) Tammy E. Grindle and Blaine Grindle have the third priority behind the Plaintiff.

7. The prejudgment interest rate is 4.25000%, see 14 M.R.S.A. § 1602-B, and the post-judgment

interest rate is 8.59%, see 14 M.R.S.A. § 1602-C.

8. The following information is included in this Judgment pursuant to 14 M.R.S.A. § 2401(3):

PARTIES COUNSEL PLAINTIFF U.S. Bank Trust, N.A., as Trustee John A. Doonan, Esq. for LSF10 Master Participation Reneau J. Longoria, Esq. Trust Doonan, Graves & Longoria, LLC 100 Cummings Center Suite 225D Beverly, MA 01915 DEFENDANT Blaine Grindle Pro Se 948 Burkettville Road Appleton, ME 04862 Tammy E. Grindle Pro Se 948 Burkettville Road Appleton, ME 04862 PARTIES-IN-INTEREST Penobscot Bay Medical Center Pro Se 6 Glen Cove Drive Rockport, ME 04856 a) The docket number of this case is No. 2:19-cv-00136-DBH. b) All parties to these proceedings received notice of the proceedings in accordance with the applicable provisions of the Federal Rules of Civil Procedure. c) A description of the real estate involved, 948 Burkettville Road, Appleton, ME 04862, is set forth in Exhibit A to the Judgment herein. d) The street address of the real estate involved is 948 Burkettville Road, Appleton, ME 04862. The Mortgage was executed by the Defendants on October 15, 2008. The book and page number of the Mortgage in the Knox County Registry of Deeds is Book 4024, Page 48. e) This judgment shall not create any personal liability on the part of the Defendants but shall act solely as an in rem judgment against the property, 948 Burkettville Road, Appleton, ME 04862. Dated: April 19, 2019 /s/ Reneau J. Longoria, Esq. John A. Doonan, Esq., Bar No. 3250 Reneau J. Longoria, Esq., Bar No. 5746 Doonan, Graves & Longoria, LLC 100 Cummings Center Suite 225D Beverly, MA 01915 Dated: April 15, 2019 /s/ Tammy E. Grindle Tammy E. Grindle 948 Burkettville Road Appleton, ME 04862 Dated: April 15, 2019 /s/ Blaine Grindle Blaine Grindle 948 Burkettville Road Appleton, ME 04862 Dated: April 17, 2019 /s/ Bradley Graham, Esq. Penobscot Bay Medical Center 6 Glen Cove Drive Rockport, ME 04856

SO ORDERED.

Exhibit A

Land situated in the Town of Appleton in the County of Knox in the State of ME PARCEL I: a certain lot or parcel of land with the buildings thereon, if any, situated on Route No. 105 in Appleton, County of Knox and State of Maine, bounded and described as follows: Beginning at an iron stake on the westerly side of Route No. 105, which said stake marks the northeasterly corner of the land conveyed by Arthur Philbrook to Clayton A. Dyer by deed dated April 30, 1966 and recorded in teh Knox County Registry of Deeds in Book 451, Page 575; thence westerly sixty-four (64) rods, more or less, along line of said Clayton A. Dyer to iron stake in stonewall line; thence northerly by said stonewall line and/or wire fence line to the southerly side of the Pettengal Stream; thence easterly by said Pettengal Stream a distance of eight hundred (800) feet, more or less, to the westerly side of Route No. 105; thence southerly by the westerly side of Route No. 105 a distance of eleven hundred (1,100) feet, more or less, to the point of beginning. Excepting therefrom a certain lot or parcel of land situated in Appleton, County of Knox and State of Maine, bounded and described as follows: Beginning at an iron stake on the westerly side of Route No. 105, which stake marks the northeasterly corner of the land conveyed by Arthur Philbrook to Clayton A. Dyer by deed dated April 30, 1966, and recorded in the Knox County registry of deeds in Book 451, Page 575; thence westerly sixty-four (64) rods, more or less, along line of said Dyer to iron stake in stome wall line; thence northerly by said stone wall line and/or wire fence line to an iron pin and other land of Curran, now or formerly; thence easterly along other land of said Curran and parallel with the first course herein described to an iron pin set on the westerly side of Route No. 105; thence southerly by the westerly side of Route No. 105 a distance of five hundered fifty (550) feet, more or less, to the point of beginning. Excepting and excluding a utility easement to be conveyed by Blaine Grindle to Jeffrey Hilt and Lisa Hilt and recorded herewith. Also conveying an easement for a right of way over the land of The Driesse and Grindle Trust fifto (50) feet in width for foot, vehicle and utilities, from Route 105 to land of Blaine A. and Wendy G. Grindle, now or formerly, as described in Deed from Cynthia M. Grindle to Blaine A. Grindle and Wendy G. Grindle, recorded in the Knox County Registry of deeds, Book 1525, Page 24, the center line of said right of way easement to be the center line of the existing roadway. For reference see deed from Warren H. Driesse and Cynthia M. Grindle, Co-Trustees of teh Driesse and Grindle Trust, dated December 2, 1996 and recorded in the Knox County Registry of Deeds in Book 2081, Page 254. Parcell II; A certain lot or parcel of property, together with buildings and inprovements thereon, situated in the Town of Appleton, Knox County, Maine, bounded and described as follows:

BEGINNING at a point that is South 57 degrees 42 minutes 02 seconds West and a distance of four hundred thirty-six and two hundredths feet (436.02) from a 5/8" rebar with pls cap No. 1218 located on the Southwesterly side of Route No. 105, Burkettville Road and the Northwesterly line of land of Jeffrey and Lisa Hilt, Book 2156, Page 159; Thence South 23 degreed 05 minutes 02 seconds East a distance of one hundred seventy-eight and ninety hundredths feet (178.90) by and along land retained by Jeffrey and Lisa Hilt, and passing Northeasterly fifty feet (50) from the Frindle house to a 3/4" rebar with pls cap No. 2310 for a corner at other land of Hilt; Thence South 66 degrees 54 minutes 58 seconds West a distance of one hundred ninety-one and forty-five hundredths feet (191.45) by and along land retained by Jeffrey and Lisa Hilt and passing Southeasterly fifty feet (50) from the Grindle house to a 3/4" rebar set with pls cap No. 2310; Thence North 77 degrees 24 minutes 22 seconds West a distance of two hundred six and seventy-seven hundredths feet (206.77) by and along land retained by Jeffrey and Lisa Hilt, to a point that is South 57 degrees 42 minutes 02 seconds West distance of five and seventy hundredths feet (5.70) from a 5/8" rebar with pls cap No. 1218 found; Thence North 57 degrees 42 minutes 02 seconds East a distance of five and seventy hundredths feet (5.70) to the 5/8" rebar with pls cap No. 1218 above found: Thence North 57 degrees 42 minutes 02 seconds East a distance of three hundred fifty-eight and forty hundredth feet (358.40) to the point of beginning, containing 43,460.sq. ft. or 1.0 acres. meaning and intending to convey and hereby conveying a portion of the property more particularly described in a deed to Jeffrey and Lisa Hilt recorded in the Knox County registry of Deeds at Book 2156, Page 159. Reference is made to a survey prepared by J.H. Mathieson Surveying for "Blaine A. Grindle and Wendy G. Grindle" dated August 3, 2007 with bearings shown in reference to State Plane Coordinates, NAD-83. The magnetic declination is referenced to the Island Marine Co., David P. Hutchinson Survey dated Sept. 2004 of {21-46-38} degrees, minutes and seconds. To be recorded at Knox County Registry of deeds in Plan Book 19, Page 14 on August 3, 2007. Also conveying an easement for a right of way over the land of Jeffrey Hilt and Lisa Hilt, fifty (50) feet in width for foot, vehicle and utilities from Route 105 to the above described parcel, the centerline of said right of way and easement to be the centerline of the existing driveway or roadway serving the above described parcel. Also Known As: 948 BURKETTVILLE RD, APPLETON, ME 04862-7049.

Source:  Leagle

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