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U.S. v. Klimes, 19-C-373. (2018)

Court: District Court, E.D. Wisconsin Number: infdco20190607j14 Visitors: 9
Filed: Jun. 06, 2018
Latest Update: Jun. 06, 2018
Summary: JUDGMENT WILLIAM C. GRIESBACH , Chief District Judge . Upon review of all of the records and papers on file in the above-entitled action by the Honorable William C. Griesbach, United States District Judge of the Eastern District of Wisconsin, and the Court having entered findings of fact and conclusions of law, IT IS HEREBY ORDERED AND ADJUDGED that the mortgaged premises which are the subject of this action are described as follows: See legal description attached hereto as Exhibit A IT
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JUDGMENT

Upon review of all of the records and papers on file in the above-entitled action by the Honorable William C. Griesbach, United States District Judge of the Eastern District of Wisconsin, and the Court having entered findings of fact and conclusions of law,

IT IS HEREBY ORDERED AND ADJUDGED that the mortgaged premises which are the subject of this action are described as follows:

See legal description attached hereto as Exhibit A

IT IS FURTHER ORDERED AND ADJUDGED that plaintiff is entitled to the following, together with the disbursements of this action as taxed, and as to be taxed by the Clerk of Court, all with interest after the date of judgment at the post-judgment legal rate:

a) Unpaid Principal and Interest: Principal Balance $370,553.64 Accrued Interest through May 24, 2019 $24.958.96 Interest Accrued from May 24, 2019 to date of judgment $433.85 b) Fees and Costs Already Incurred: Lis Pendens fees $ 30.00

c) Taxes, Special Assessments, Insurance, and Necessary Repairs: Plaintiff may pay any taxes, special assessments, or insurance premiums accruing against the mortgaged premises that are now due or that shall become hereafter due before a sale of the mortgaged premises. To protect and preserve the mortgaged premises, plaintiff may make payments for such repairs to the premises as may reasonably be deemed necessary for the proper preservation thereof. All sums advanced by plaintiff for taxes, special assessments, insurance, or necessary repairs shall become additional indebtedness secured by the mortgage, with interest thereon from the date of payment at the legal post-judgment rate, and may be added to the judgment by order at any time after the entry thereof.

d) Costs of Foreclosure: Plaintiff may be required to make various payments of costs, fees, and expenses in connection with the foreclosure, including but not limited to title evidence and title insurance as well as fees, charges, and expenses owed to the U.S. Marshal for a judicial sale of the premises. Plaintiff shall have a lien on the premises for the amount of any such payments and may obtain an order directing that the amounts so paid, with interest thereon from the date of payment at the legal post-judgment rate, be paid out of the proceeds of a foreclosure sale.

IT IS FURTHER ORDERED AND ADJUDGED that the mortgaged premises be sold as a whole or in parts at public auction in the County of Oconto, State of Wisconsin, by and under the direction of the United States Marshal for the Eastern District of Wisconsin, at any time after the date of entry of this judgment.

IT IS FURTHER ORDERED AND ADJUDGED that in case of sale pursuant hereto, the United States Marshal shall notice and conduct said sale in the manner provided by law and the usual custom of the Eastern District of Wisconsin; including the requirement that the Marshal shall accept from the purchaser at such sale, as a deposit or down payment, not less than ten (10) percent, in which case, such amount shall be so deposited with the Clerk of Court, and the balance of the sale price should be paid to the Clerk of Court by the purchaser within thirty (30) days of the date of sale, except that if plaintiff be the successful bidder at such sale, the United States Marshal may take the receipt of plaintiff in lieu of cash payment.

IT IS FURTHER ORDERED AND ADJUDGED that the sale of said premises shall be subject to confirmation of the Court by order, and said order shall, if appropriate, provide for confirmation of sale, issuance of a Marshal's Deed, and disbursement of funds to satisfy the above-owed amounts.

IT IS FURTHER ORDERED AND ADJUDGED that after confirmation of the sale by the Court, if there are surplus proceeds after the plaintiff has been paid in full, such proceeds be held by the Clerk of Court and subject to further order of the Court.

IT IS FURTHER ORDERED AND ADJUDGED that upon the confirmation of the sale of the mortgaged premises, the purchaser or purchasers, or his or their heirs, representatives or assigns, be let into possession of the premises sold, upon production of the United States Marshal's Deed thereto or duly authenticated copy thereof; that each and every one of the parties to this action who may be in possession of the premises, and every other person who since the filing of the notice of pendency of this action has come into possession of the same or any part thereof under them or either of them shall deliver to such grantee or grantees named in such deed, possession of the mortgaged premises; and that a writ of assistance be issued by the Clerk of Court upon application by plaintiff if necessary to secure such possession.

IT IS FURTHER ORDERED AND ADJUDGED that the defendants, their heirs, successors and assigns, and all persons claiming under them after the filing of notice of pendency of this action, be forever barred and foreclosed of all right, title, interest and equity of redemption in the chattel and mortgaged premises.

IT IS FURTHER ORDERED AND ADJUDGED that the defendants and all persons claiming under them be and they are hereby enjoined from committing waste upon the chattel and mortgaged premises and from doing any act that may impair the value of the same, unless meanwhile the premises shall have been duly redeemed as provided by law.

Exhibit A

All of the NE 1/4 of the NE 1/4 of Section 28, Township 31 North, Range 15 East, in the Town of Doty, Oconto County, Wisconsin.

AND

All of the SE 1/4 of the NE 1/4 of Section 28, Township 31 North, Range 15 East, in the Town of Doty, Oconto County, Wisconsin.

EXCEPTNG therefrom the North 300 feet of the East 220 feet of said NE 1/4 of the NE 1/4.

FURTHER EXCEPTING therefrom all lots set forth in Volume 29 Certified Survey Maps, Page 76, Document No. 591085, Map No. 4030.

ALSO EXCEPTING therefrom Lot 1 of Volume 28, Certified Survey Maps, Page 32, Document No. 575240, Map No. 3887.

ALSO EXCEPTING therefrom lands described in Volume 1290, Page 56, to wit: All that part of the NE 1/4 of the NE 1/4 and part of the SE 1/4 of the NE 1/4 of Section 28, Township 31 North, Range 15 East, in the Town of Doty, Oconto County, Wisconsin, described as follows: Commencing at the NE corner of said Section 28; thence South 00° 41' 18" East along the East line of said Section 28 for a distance of 678.13 feet to the SE corner of Lot 3 29CSM76 and the point of beginning; thence South 00° 41' 18" East along the East line of said Section 28 for a distance of 309.72 feet; thence South 75° 43' 40" West for a distance of 1379.57 feet to a 1 inch iron pipe on the West line of the SE 1/4 of the NE 1/4 of said Section 28; thence North 00° 32' 56" East along the West line of the NE 1/4 of the NE 1/4 and the SE 1/4 of the NE 1/4 for a distance of 675.46 feet to a 1 inch iron pipe at the SW corner of Lot 1, 29CSM76; thence South 88° 53' 37" East for a distance of 1327.05 feet to the point of beginning. Except the Easterly portion used for road purposes.

FURTHER EXCEPTING therefrom lands described in Volume 1196, Page 192, to wit: All that part of the SE 1/4 of the NE 1/4 of Section 28, Township 31 North, Range 15 East, in the Town of Doty, Oconto County, Wisconsin, described as follows: Commencing at the East 1/4 corner of said Section 28; thence North 89° 58' 24" West along the East/West 1/4 line of said Section 28, a distance of 658.90 feet to a 1 inch iron pipe; thence North 00° 41' 18" West, a distance of 1324.13 feet to a 1 inch iron pipe on the North line of the SE 1/4 of the NE 1/4 of said Section 28; thence South 89° 53' 08" East along the North line of the SE 1/4 of the NE 1/4 of said Section 28, a distance of 658.92 feet to a 1 inch iron pipe at the North 1/16 corner; thence South 00° 41' 18" East along the East line of said Section 28, a distance of 1323.12 feet to the point of commencement.

SUBJECT to and EXCEPTING any parts thereof that are presently conveyed, used, laid out, or dedicated, for roadway purposes.

The tax parcel number/s, physical address, and any tax statements and/or maps attached to this commitment, are provided for informational purposes only:

Tax Parcel Number: 014-202801314

Physical/property/site address: 12775 County Road T

Source:  Leagle

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