STIPULATION AND [PROPOSED] ORDER TO ALLOW CASH BOND TO SUBSTITUTE FOR PROPERTY BOND

CAROLYN K. DELANEY, Magistrate Judge.

IT IS HEREBY STIPULATED by and between Phillip A. Talbert, Acting United States Attorney, through Amanda Beck, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Benjamin D. Galloway, attorney for Ramon Herrera, that the terms of his pretrial release be modified to allow substitution of the $200,000 property bond (Doc. 36) with a $200,000 cash bond to be posted in advance of exoneration of the property bond. All other terms and conditions of Mr. Herrera's release are to remain in effect.

This modification is requested because Mr. Herrera and his wife desire to sell their property in Shingletown, California so they can live with their daughter in the Central District of California. This move is motivated by his wife's poor health and the need for their daughter's assistance in caring for her. It is also because the Herreras lack the funds needed to reopen the restaurant on their property.

The Herreras have received an offer from a Texas-based developer to purchase the property which secures Mr. Herrera's $200,000 property bond. Undersigned counsel for Mr. Herrera has been in direct communication with an attorney for the developer. According to that attorney, the development company is willing to replace the secured bond with a $200,000 cash bond. The cash bond would come from the purchase price of the property, however the developer is willing to post the cash in advance of exoneration of the property bond, thereby enabling the lien to be lifted and the sale to go through.

Pretrial Services Officer Alicia Mirgain has been informed of the above and has no objection to the proposed substitution.

ORDER

Based on the parties' stipulation, IT IS HEREBY ORDERED that the $200,000 property bond posted in this case may be substituted by a cash bond in the amount of $200,000. Upon posting of the $200,000 cash bond, the property bond shall be exonerated and the clerk shall prepare a substitution of trustee and full reconveyance, reconveying the deed of trust to the sureties, Ramon and Kathy Herrera. All other terms and conditions of pretrial release are to remain in effect.