DEFAULT JUDGMENT AGAINST DEFENDANT WELLS FARGO BANK, N.A.

Plaintiff's Application for Entry of Default Judgment under First and Second Causes of Action against Defendant Wells Fargo Bank, N.A. came regularly before the Court, the Honorable R. Kimball Mosier, U.S. Bankruptcy Judge presiding. The Court noted that Defendant Wells Fargo Bank, N.A. had been served via U.S. First Class certified mail to the proper Officer(s) pursuant to Bankruptcy Rule 7004 and the time allowed by law for the Defendant to answer or otherwise respond to the summons and complaint has expired.

Based upon the pleadings filed in this adversary proceeding, it is hereby:

ORDERED that:

1. The Deed of Trust executed by Plaintiff(s) and recorded in the Davis County Recorder's office on May 7, 2007, at Entry No. 10091855 in Book 9461 at Pages 859-860 is hereby determined to be entirely unsecured.

2. Plaintiff(s)' objection to Proof of Claim No. 18 of Wells Fargo Bank, N.A. is granted and Proof of Claim 18 is disallowed as secured and reclassified as and will be paid by the Chapter 13 Trustee as a general nonpriority unsecured claim.

3. The above mentioned Trust Deed is hereby modified and will be void, extinguished and "stripped" pursuant to 11 U.S.C. §1322(b) upon the Plaintiff(s)/Debtor(s) receiving a discharge under 11 U.S.C. §1328 respecting the Plaintiffs' real property located at 270 South 450 West, Layton, Utah 84041 and more particularly described as:

Tax Serial No. 113420002.

4. Pursuant to 11 U.S.C. §349(b), unless the court, for cause, orders otherwise, a dismissal of the case reinstates any lien voided under 11 U.S.C. §506(d) for the full amount due under the subject loan.

5. Wells Fargo Bank, N.A. shall retain its lien for the full amount due under the subject loan should the property be sold or should a refinance take place prior to entry of a Discharge.

6. In the event that any entity, including the holder of the first lien on the Subject Property, forecloses on its security interest and extinguish Wells Fargo Bank, N.A.'s second position lien prior to Plaintiff(s)/Debtor(s)' receipt of a Chapter 13 discharge, Wells Fargo Bank, N.A.'s second lien shall attach to the surplus proceeds of the foreclosure sale, if any, for the full amount of the subject loan balance at the time of the sale.

7. The filing of this Order, together with the filing of an Order granting Plaintiff(s)/Debtor(s) a discharge under 11 U.S.C. §1328, shall have the effect of a full reconveyance of the above described Trust Deed.

8. Nothing in this Order is intended to affect or modify the provisions of 11 U.S.C. § 348(f)(1)(B) and (C) in the event that the case is converted to a case under Chapter 7. Under this section of the Bankruptcy Code, valuations of property and of allowed secured claims in a Chapter 13 bankruptcy case no longer apply if the case is converted to Chapter 7. Also, creditors who are secured as of the bankruptcy petition date retain their security interests unless they have been paid in full as of the date of conversion.

9. This Adversary Proceeding is hereby closed and each party shall bear their own fees and costs.