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United States v. Maas

United States District Court, W.D. Wisconsin

September 29, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
BRYAN M. MAAS, and BARRY HAGER, CUMBERLAND FAMILY DENTAL, S.C, KRINGLES CUSTOM COMBINING, LLC, LAKELAND COOPERATIVE, TRACTOR CENTRAL, LLC, Defendants.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

          BARBARA B. CRABB UNITED STATES DISTRICT JUDGE

         The above-captioned matter having come before the Court to be heard, Honorable Barbara B. Crabb, United States District Judge for the Western District of Wisconsin, presiding without a jury, on September 28, 206, 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 Richard D. Humphrey, 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 fr Judgment b Default has been made to the Defendants, and that a Certificate of Service was fled with the Clerk of the United States District Court for the Western District of Wisconsin; and the Court having heard arguments from Plaintiffs 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 September 28, 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:

The Southwest Quarter of the Southeast Quarter of Section 36, Township 35 North, Range 13 West (in the Town of Cumberland) Barron County, Wisconsin, except Lot 1 of Certified Survey Map No. 5830, Volume 39, Page 90.

         5. The real estate is so situated that it can not 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 June 27, 2016, after the filing of the Complaint herein, by fling a Notice of Lis Pendens in the office of the Register of Deeds for Barron County, Wisconsin. This was done in the mimer 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 fr the recovery of the sum secured by the promissory notes, security agreements, continuation statements, financing statements, and mortgages.

         10. Plaintiff is entitled to immediate possession of the items of security on which the Farm Service Agency has a security interest, set out in the ...


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