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United States v. Linneman

United States District Court, W.D. Wisconsin

January 15, 2007

UNITED STATES OF AMERICA, Plaintiff,
v.
DALE ANTHONY LINNEMAN, SHEILA RENEE LINNEMAN, PREMIER COOPERATIVE, MICHAEL P. NOETHE, OAK PARK DENTAL, REDDY AG SERVICE, and MONTFORT VETERINARY SERVICE, INC., Defendants. ITEM NO. QTY DESCRIPTION MANUFACTURER SIZE AND TYPE SERIAL OR MODEL NO. ITEM NO. QTY DESCRIPTION BREED COLOR

FINDINGS OF FACT AND CONCLUSIONS OF LAW

WILLIAM M M. CONLEY United States District Judge

The above-captioned matter having come before the Court to be heard, Honorable William M. Conley, United States District Judge for the Western District of Wisconsin, presiding without a jury, on February 24, 2016, the Plaintiff, United States of America ("Plaintiff"), having appeared by its attorney, the Office of the United States Attorney for the Western District of Wisconsin, and no appearance having been made on behalf of the Defendants herein except as may be noted on the record; and it appearing by the Declaration of Daniel Hugo Fruchter, Assistant United States Attorney, Office of the United States Attorney, on file herein, that Defendants are in default; and it further appearing that due notice of the Application for Judgment by Default has been made to the Defendants, and that a Certificate of Service was filed with the Clerk of the United States District Court for the Western District of Wisconsin; and the Court having heard arguments from Plaintiff's counsel, therefore makes and files the following Findings of Fact and Conclusions of Law constituting its decision in this action.

FINDINGS OF FACT

1. The allegations set forth in Plaintiff's complaint are proven true.

2. There is now due and unpaid on all Notes and Mortgages as of February 24, 2016, the following sums: See Attachment A.

3. No proceedings have been had at law or otherwise for the recovery of the sum secured by said Notes and Mortgages.

4. The mortgaged premises are described as follows:

Part of the Southeast Quarter (S.E.I/4) of the Northeast Quarter (N.E.1/4) of Section Eleven (11) and part of the Southwest Quarter (S.W.1/4) of the Northwest Quarter (N.W.1/4) and the Northwest Quarter (N.W.1/4) of the Northwest Quarter (N.W.1/4) of Section Twelve (12), Township Five (5) North, Range Two (2) West of the 4th P.M., Liberty Township, Grant County, Wisconsin, said parcel being described as follows:
Commencing at the East Quarter corner of said Section 11, said corner being the point of beginning; thence South 89° 13' 47" East 87.75 feet along the East-West Quarter line of said Section 12 to a point in the centerline of Rock School Road; thence Northerly 67.13 feet on the arc of a curve concave Easterly having a radius of 1750.00 feet and a long cord bearing North 15° 57' 02" East 67.13 feet to a point in said centerline; thence North 17° 02' 58" East 495.76 feet to a point in said centerline; thence North 15° 43' 53" East 721.30 feet to a point in said centerline; thence Northeasterly 127.06 feet on the arc of a curve concave Southeasterly having a radius of 150.00 feet and a long chord bearing North 39° 59' 51" East 123.29 feet to a point in said centerline; thence South 89° 08' 41" East 300.36 feet along the South line of the N.W.1/4 of the N.W.1/4 of said Section 12; thence North 06° 05' 36" West 208.70 feet; thence North 20° 03' 56" East 484.09 feet; thence South 87° 17' 44" West 815.69 feet; thence South 03° 43' 02" West 614.41 feet to the South line of the N.W.1/4 of the N.W.1/4 of said Section 12; thence North 89° 08' 41" West 107.53 feet along said South line to the Northeast corner of the S.E.1/4 of the N.E.1/4 of said Section 11; thence South 89° 44' 15" West 607.78 feet along the North line of the S.l/2 of the N.E.1/4 of said Section 11; thence South 17° 37' 21" West 831.00 feet; thence South 33° 13' 54" West 650.14 feet to the East-West Quarter line of said Section 11; thence North 89° 46' 18" East 1207.17 feet along said East-West Quarter line to the point of beginning.

5. The real estate is so situated that it cannot be sold in parcels without injury to the interest of the parties, and a sale of the whole will be more beneficial to the parties hereto.

6. The remaining chattel secured by the promissory notes and security agreements is described in Attachment B attached hereto.

7. Notice of the pendency of this action was duly given on August 17, 2015, after the filing of the Complaint herein, by filing a Notice of Lis Pendens in the office of the Register of Deeds for Grant County, Wisconsin. This was done in the manner and form required by law, after the filing of the complaint herein, and more than twenty (20) days prior to the trial or other resolution of this action.

8. The Defendants have not served an Answer or other response and the Clerk of Court has duly entered the default of said Defendants.

9. No other proceedings have been held at law or otherwise for the recovery of the sum secured by the promissory notes, security agreements, continuation ...


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