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United States v. Peterson

United States District Court, W.D. Wisconsin

April 11, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
LYNN ANN PETERSON, and RODNEY A. PETERSON, Defendants.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

          JAMES D. PETERSON United States District Judge.

         The above-captioned matter having come before the Court to be heard, Honorable James D. Peterson, United States District Judge for the Western District of Wisconsin, presiding without a jury, on April 11, 2017, the Plaintiff, United States of America ("Plaintiff7), 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; the Clerk of the United States District Court for the Western District of Wisconsin having duly entered the default of Defendants Lynn Ann Peterson and Rodney A. Peterson, and the Plaintiff having filed a Notice of Application for Default and Motion for Default Judgment, with accompanying Declarations; and it further appearing that due notice of application and motion for judgment has been made to the Defendants, and the Court having heard the matter, 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 Mortgage as of April 11, 2017, the following sums: See Attachment A.

         3. The remaining chattel secured by the promissory notes and security agreement held by Plaintiff is described in Attachment B attached hereto.

         4. The mortgaged premises are described as follows:

The Northeast Quarter of the Northwest Quarter (NE1/4 NW1/4), Section Thirty-three (33), Township Thirty-six (36) North, Range Three (3) East, Town of Knox, Price County, Wisconsin.
Tax ID No.: 50-024-4-36-03-33-2 01-000-10000

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

         7. Notice of the pendency of this action was duly given on November 30, 2016, after the filing of the Complaint herein, by filing a Notice of Lis Pendens in the office of the Register of Deeds for Price 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. No other proceedings have been held at law or otherwise for the recovery of the sum secured by the promissory notes, security agreement, financing statement, and mortgage.

         9. 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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